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Calcutta High CourtCRM/7911/2021allowed

Jubbar Molla And ANR v. State Of West Bengal

2021-12-02Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

02.12.2021 Serial no.32 Aloke (Through Video Conference) Ct. No. 29 CRM 7911 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.11.2021 in connection with Joynagar Police Station Case No. 537 of 2021 dated 15.08.2021 under Sections 498A/302/34 of the Indian Penal Code.

-AndIn the matter of : Jubbar Molla & Anr.

... ...Petitioners Mr. Angshuman Chakraborty, Advocate Mr. S.S. Saha, Advocate ... ... For the Petitioners Ms. Zareen N. Khan, Advocate Mr. Ashok Das, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the husband and the father-in-law of the deceased were granted bail by the jurisdictional Court. The petitioners were falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure of the daughter of the victim.

Considering the materials in the case diary and considering the statement recorded under Section 164 of the Code of Criminal Procedure and considering the fact that the husband and the father-in-law of the victim were granted bail by the jurisdictional Court and considering the fact that the police filed charge-sheet, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973

and on further condition that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date and on further condition that the petitioners shall appear before the jurisdictional Court on every date fixed for hearing.

The prayer for anticipatory bail is allowed.

CRM 7911 of 2021 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)