← Library
Calcutta High CourtCRM/1066/2021disposed

Ajahar Ali@ Raja Md And ORS v. The State Of West Bengal

2021-11-23Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Tirthankar Ghosh3 pages

23.11.2021 Item No.78 Ct.No.01 F.B/Subha Allowed C.R.M. 1066 of 2021 (Via Video Conference) In Re :

An Application for anticipatory bail apprehending arrest in connection with Rajganj Police Station Case No. 355 of 2021 dated 08.09.2021 under Sections 498A/302/201/34 of the Indian Penal Code (corresponding to G. R. Case No. 4855 of 2021). And In the matter of : Ajahar Ali @ Raja Md. & Ors. .. Petitioners.

Mr. Jaydeep Kanta Bhowmik ... For the Petitioner.

Mr. Aditi Shankar Chakraborty, ld. A.P.P Mr. Sagnik Sankar Sikdar ... For the State.

Apprehending arrest in connection with Rajganj Police Station Case No. 355 of 2021 dated 08.09.2021 under Sections 498A/302/201/34 of the Indian Penal Code, the present application has been filed.

The petitioner nos.1, 2 and 3 are the brothers-in-law of the deceased while the petitioner no.4 is the wife of the petitioner no.2.

Mr. Bhowmik, learned advocate appearing on behalf of the petitioners submits that the petitioners have been

falsely implicated in the instant case only because of the reasons that they happen to be the relations of the husband. According to the learned advocate appearing for the petitioners, the husband has already been arrested and presently is in custody.

Mr. Chakraborty, learned A.P.P appearing on behalf of the State produces the case diary and draws the attention of this court to the post-mortem report including the inquest report as also the statement of the neighbours. We have perused the materials appearing in the case diary. So far as the present petitioners are concerned, prima facie, we are of the view that custodial detention of the petitioners are not required for the sake of investigation. Accordingly, we allow the application for anticipatory bail and 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, one of whom must be local, 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.

While on bail, the petitioner nos. 1, 2 & 3 shall meet with the Investigating Officer once a week until further order.

With the aforesaid observations, the application for anticipatory bail, being CRM 1066 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Tirthankar Ghosh, J.) (Subrata Talukdar, J.)