Calcutta High Court (Appellete Side)
4.09.2018 Under Sections 493/376/34 Of ... vs In Re: Mohmud @ Mahebub & Anr on 22 July, 2019
1 22.07.2019 61 sdas allowed C.R.M. No. 6339 of 2019 In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.07.2019 in connection with Islampur Police Station Case No. 576 of 2018 dated 04.09.2018 under Sections 493/376/34 of the Indian Penal Code.
And In Re: Mohmud @ Mahebub & Anr......petitioners Mr. Kaushik Choudhry ...for the petitioners Mr. Pratick Bose .... for the State Learned Counsel appearing for the petitioners submits that the petitioners are the father and brother of the principal accused and have been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that they shall appear before the court below and pray for regular bail within a period of four weeks from date. 2
This application for anticipatory bail is, thus, allowed. (Manojit Mandal, J.) (Joymalya Bagchi, J.)