Calcutta High CourtCRM (A)/833/2024allowed

Sk. Arif Ali @ Shekh Arif And ORS. v. State Of West Bengal

2024-03-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 833 of 2024 08.03.2024 DL.21 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mahishadal Police Station Case No.715 of 2023 dated 21.10.2023 under Sections 498A/326/323 of the Indian Penal Code, 1860. (G.R. Case No.3230 of 2023).

And In the matter of: Sk. Arif Ali @ Shekh Arif & Ors. ....petitioners.

Mr. Navanil De Mr. Subhrajit Dey ...for the petitioners.

Mr. Tanmoy Kumar Ghosh, Ld. S.G.A Ms. Manisha Sharma ... for the State.

The present police complaint is second in point of time and involves, inter alia, Section 498A of the Indian Penal Code, 1860. There is an injury report of the de facto complainant. Materials in the case diary do not suggest that the de facto complainant suffered grievous hurt.

In such circumstances, we 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/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, 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 and on condition that the petitioner no.1 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos.2 and 3 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 833 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)