Calcutta High Court (Appellete Side)
341/326/376/511/379/34 Of The Indian ... vs In Re: Sarman Ali Sk. & Anr on 29 July, 2019
1 29.07.2019
Sl No.87 AP CRM 6658 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.07.2019 in connection with Kaliganj Police Station Case No. 222 of 2019 dated 08.06.2019 under Sections 341/326/376/511/379/34 of the Indian Penal Code.
And In Re: Sarman Ali Sk. & Anr.
... ... Petitioners.
Mrs. Karabi Roy ... for the petitioners.
Mr. R. Jana ... ... for the State.
It is submitted on behalf of the petitioners that they are the parents-in-law of the victim lady and they used to reside in a separate residence.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and bearing in mind the nature of allegations particularly in the light of the history of assault alleging that petitioner No.2 had pulled the ears of the victim causing grievous injury on her ear lobes which required stitches, we are not inclined to grant anticipatory bail to the petitioner No.2.
However, in view of the extent of complicity of the petitioner No.1 in the alleged crime, we are inclined to grant anticipatory bail to the petitioner No.1.
Accordingly, we direct that in the event of arrest, the petitioner No.1 be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand 2 only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner No.1 shall appear before the court below and pray for regular bail within a period of four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)