Allowed

Ajahar Ali@ Raja MD and Ors. v. the State of West Bengal

Calcutta HC23 Nov 2021CRM/1066/2021

Case brief

AI extract

What is this about?

Single judge permitted anticipatory bail to four petitioners facing arrest under sections 498A, 302, 201 and 34 IPC in a domestic dispute case, directing release on bond with sureties and weekly interaction with investigation officer.

What did the court decide?

Permission to anticipate arrest granted; release on bail upon furnishing bond of Rs.10,000 with two sureties, one local, subject to CPI conditions regularly meeting the IO.

Ajahar Ali@ Raja MD and Ors. Vs the State of… — Murder and Culpable Homicide | Calcutta HC (2021)

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23.11.2021 Item No.78 Ct.No.01 F.B/Subha Allowed

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C.R.M. 1066 of 2021

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(Via Video Conference)

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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).

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And

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In the matter of : Ajahar Ali @ Raja Md. & Ors. .. Petitioners.

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Mr. Jaydeep Kanta Bhowmik

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... For the Petitioner.

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

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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.

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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.

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

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falsely implicated in the instant case only because of the reasons that they happen to be the relations of the husband.

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According to the learned advocate appearing for the petitioners, the husband has already been arrested and presently is in custody.

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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.

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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.

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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.

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

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

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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.

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

Ajahar Ali@ Raja MD and Ors. v. the State of West Bengal

Case brief

What is this about?

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Ajahar Ali@ Raja MD and Ors. v. the State of West Bengal

Case brief

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What did the court decide?

What the court decided

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