Calcutta High Court (Appellete Side)
An Application Under Section 438 Of The ... vs In Re: ...Chaphi Uddin Miya @ Safiuddin ... on 2 May, 2016
Author: Patherya
Bench: Patherya
1 43 2.5.2016
m.d.
Partly allowed C.R.M. 2115 of 2016 In the matter of: An application under Section 438 of the Code of Criminal Procedure affirmed on 21.12.2015 in connection with Falakata Police Station FIR No.557 of 2015 dated 26.06.2015 under Sections 341/323/506/325/326/427/436 and 34 of the Indian Penal Code, GD Entry No.1133, GR No.1956 of 2015.
And In Re: ...Chaphi Uddin Miya @ Safiuddin Kaji and others ... Petitioners Mr. Dilip Kumar Maiti, Mr. Uttam Kumar Kamila ...for the petitioners Mr. Bitasok Banerjee ... for the State The petitioners, apprehending arrest, in connection with Falakata Police Station FIR No.557 of 2015 dated 26.06.2015 (GD Entry No.1133, GR No.1956 of 2015) under Sections 341/323/506/325/326/427/436 and 34 of the Indian Penal Code, have filed this application under Section 438 of the Code of Criminal Procedure.
Learned Advocate for the petitioners submits that the petitioners have been falsely implicated in connection with this case and the petitioner nos. 5 and 6 are minor. 2 In that view of this case, we cannot entertain the bail application of the petitioner no.5, namely, Minor Nur Alam and petitioner No.6, namely, Minor Nazimul Kaji and the prayer for anticipatory bail in respect of both the petitioner nos.5 and 6 calls for no action.
Learned Advocate for the State submits that other accused persons have already been released on anticipatory bail by a co-ordinate Bench of this Court in C.R.M. 10848 of 2015 on 27th November, 2015.
Learned Advocate for the State also takes us to the Case Diary and specifically draws our attention to the injury report of the injured.
It appears from the materials on record that within five months of marriage, the victim died of poisoning.
Having regard to the facts and circumstances of this case, we do not find that custodial interrogation of the petitioner nos. 1, 2, 3 and 4 is necessary for the purpose of further investigation of this case.
Thus, we direct that in the event of arrest, the petitioner nos. 1, 2, 3 and 4, namely, Chaphi Uddin Miya @ Safiuddin Kaji, Chhahe Alam @ Ajijar Rahaman, Chhoyalehin Ali @ Miya and Sahidul Miya @ Sahidul Islam respectively be released on bail upon execution of bond of Rs.5,000/- each with two 3 sureties of Rs.2,500/- each, subject to the satisfaction of the arresting authority and subject to the conditions imposed under Section 438 (2) Cr.PC.
Accordingly, the prayer for anticipatory bail in respect of the petitioner nos. 1 to 4, aforesaid, is allowed and disposed of.
In respect of the petitioner nos.5 and 6 aforesaid, the prayer for anticipatory bail is, however, is dismissed as not entertained.
Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya, J.) (Debi Prosad Dey,J.) 4