Hafijul Haque And Others v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

28.08.2019 tkm/ct 1 C.R.M. 753 of 2019 sl no. 34 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 22.8.2019 in connection with Alipurdwar Women P.S case no. 72 of 2019 dated 24.7.2019 under sections 498A/307/325 of the IPC and Allowed In Re : Hafijul Haque & Ors.

...... petitioners Mr. H. Saha Poddar ...... for the petitioners Mr. N. Chakraborty Mr. Biswarup Roy ...... for the State Heard the learned advocates appearing for the respective parties.

Having considered the materials in the case diary and bearing in mind the prima facie involvement of petitioner nos. 1 and 5 in assaulting the victim housewife which is supported by medical evidence, we are not inclined to grant anticipatory bail to them.

However keeping in mind the extent of complicity of petitioner nos. 2, 3 and 4 in the alleged crime, we are inclined to grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest, the petitioner nos. 2, 3 and 4 shall be released on bail upon furnishing a bond of Rs. 10,000/- 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 and that the petitioner nos. 2, 3 and 4 shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 753 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)