Hyder Ali v. State Of West Bengal

16.02.2023 Serial no. 12 [Dd] (Anticipatory bail) Allowed) CRM (A) 645 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with G.R. Case No. 991 of 2022 arising out of English Bazar Police Station Case No. 245 of 2022 dated 14.02.2022 under Sections 498A/323/448/376/511/34 of the Indian Penal Code. -AndIn the matter of : Hyder Ali ... ... Petitioner Ms. Minoti Gomes, Mr. Manik Sarkar, Advocates ... ... For the Petitioner Mr. S.G. Mukherji, ld. PP Mr. Aniket Mitra, Advocates ... ...For the State Police filed charge sheet.

The husband was granted bail by the jurisdictional Court.

Considering the statement of the de facto complainant recorded under Section 164 of the Criminal Procedure Code and the fact that the husband was granted bail by the jurisdictional Court and considering the materials in the case diary, w are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand 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 further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for

appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 645 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)