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Calcutta High CourtCRM/10576/2020allowed

Sk Imran And ORS v. State Of West Bengal

2020-12-24Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

24.12.2020 Sdas allowed CRM 10576 of 2020 (via video conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandipur P.S. Case No.

of dated 05.07.2020 under Sections 498A/304B/306/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act And In Re : Sk. Imran & Ors. .........petitioners. Mr. Sk. Morshed Ali ...for the petitioners.

Mr. S. G. Mukherjee, learned P.P.

Mr. Aniket Mitra ...for the State.

Learned Counsel appearing for the petitioners submit that they are the in-laws of the victim housewife. The incident occurred 5 years after marriage. The petitioners have been falsely implicated in the instant case.

Learned Counsel appearing for the State opposes the prayer for anticipatory bail.

We have considered the statements of the witnesses. Allegations against the in-laws are general and omnibus in nature. Principal accused i.e. husband is on regular bail. Investigation is complete.

In view of the facts, we are of the opinion that custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners 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.

The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)