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Calcutta High CourtCRM/10201/2020allowed

Momin @ Mobin @ Mobiluddin And ORS v. State Of West Bengal

2020-12-11Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

11.12.2020 Sl. No.59 akd [ALLOWED] C. R. M. 10201 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.12.2020 in connection with Harishchandrapur Police Station Case No.664 of 2019 dated 16.09.2019 under Sections 498A/306 of the Indian Penal Code. (G.R. Case No.2094 of 2019) And In Re: Momin @ Mobin @ Mobiluddin & Ors.

... ... Petitioners Mrs. Sujata Das .. Advocate ... ... for the petitioners Mr. T. K. Ghosh .. Advocate Mr. Arindam Sen .. Advocate ... ... for the State Petitioners are the in-laws of the victim-housewife. Allegations are general and omnibus in nature. There is no direct evidence that the petitioners had administered poison to the victim. Co-accused husband has been granted regular bail. Under such circumstances, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Momin @ Mobin @ Mobiluddin, (2) Sakera Bibi @ Shekera, (3) Sajahan Ali @ Sonu @ Md. Sahajahan Ali & (4) Yasmina Khatun @ Asmin Khatun, 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)