In the matter of : Ajina @ Ejna Bibi @ Ejina Bibi v. .
2024-04-05
BISWAROOP CHOWDHURY, TAPABRATA CHAKRABORTY
body2024
DigiLaw.ai
JUDGMENT : 1. Apprehending arrest in connection with Sitai Police Station Case No. 260 of 2023 dated 18.11.2023 under Sections 341/326/307/34 of the Indian Penal Code and subsequently added Section 302 of the Indian Penal Code, the present application has been preferred. 2. Mr. Guha, learned advocate appearing for the petitioner submits that there was an altercation between the parties as regards construction of a boundary wall and in such dispute the petitioners have been falsely implicated. The ingredients of Section 307 of the Code, are not attracted in respect of the petitioners, one of whom, the petitioner no. 1 herein is a lady member of the family. Upon completion of investigation chargesheet has already been submitted and as such, custodial interrogation may not be necessary and the petitioners may be granted anticipatory bail on any stringent condition. 3. He further submits that the principal accused, namely, Hajrat Miya is still in custody and another accused person, namely, Ejidul Miah @ Rejadul Hoque Miah had been granted bail by the learned Sessions Court. 4. Drawing our attention to the statement of the witnesses and post mortem report Mr. Mishra submits that there are specific allegations against the petitioners and the petitioners conjointly attacked the father of the de facto complainant. There are, thus, strong incriminating materials on record against the petitioners and as such, their prayer for anticipatory bail needs to be refused. 5. Answering our query, Mr. Mishra submits that upon completion of investigation chargesheet has been submitted. 6. Prima facie¸ it appears that the principal accused is Hajrat Miya and a specific overt act has been attributed to the said person. In respect of the petitioners the allegations appear to be omnibus in nature. In the said conspectus and as, prima facie, there is no reasonable apprehension that the petitioners would flee from justice and moreso when upon completion of the investigation chargesheet has been submitted, we are of the opinion that custodial interrogation of the petitioners is not necessary in the facts and circumstances. 7. Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Ajina @ Ejna Bibi @ Ejina Bibi and Majidul Miya shall be released on bail upon furnishing a bond of Rs.
7. Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Ajina @ Ejna Bibi @ Ejina Bibi and Majidul Miya shall be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of like amount, 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, with a further condition that the petitioner no. 2 shall meet with the Officer-in-Charge of Sitai Police Station once a fortnight till the charges are framed and both the petitioners shall also attend the learned Court below on all the dates fixed for hearing. 8. It is further directed that the petitioners shall not tamper with evidence and/or influence the witnesses in any manner whatsoever. 9. In the event the petitioners fail to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel their bail without any further reference to this Court. 10. The application for anticipatory bail, being CRM (A) 274 of 2024, is, thus, disposed of. 11. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.