Calcutta High Court (Appellete Side)
Sections 3 And 4 Of The Dp Act vs Allowed In Re : Sk. Khairul Islam & Ors on 16 December, 2019
1 16.12.2019
tkm/ct 28 C.R.M. 11872 of 2019 sl no. 113
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 13.12.2019 in connection with Arambag Women P.S case no. 104 of 2019 dated 22.10.2019 under sections 498A/325/307/406/354/506/509 of the Indian Penal Code read with sections 3 and 4 of the DP Act and Allowed In Re : Sk. Khairul Islam & Ors ...... petitioners Mr. P Ghosh Mr. S Sarkar ...... for the petitioners Mr. Imran Ali Mr. MFA Begg ...... for the State Having considered the materials in the case diary disclosing prima facie involvement of petitioner no. 2 in assaulting and attempting to murder the victim housewife which is supported by medical paper, we are not inclined to grant anticipatory bail to him.
However, bearing in mind the extent of complicity of petitioner nos. 1 and 3, parents in law of the victim housewife 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. 1 and 3 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 petitioner nos. 1 and 3 shall appear before the court below and pray for regular bail within four weeks from date.
The application being CRM 11872 of 2019 is disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.) 2