Calcutta High CourtCRM (A)/1414/2024allowed

Md. Asim Ekram @ Md. Asim Akram v. State Of West Bengal

2024-04-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1414 of 2024 29.04.2024 DL-37 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No.1010 of 2023 dated 04.08.2023 under Sections 498A/325/313/308/376/511/34 of the Indian Penal Code, 1860 read with Sections 3/4 of the Dowry Prohibition Act, presently pending before the Learned Additional Chief Judicial Magistrate, Chanchal, Malda. (G.R. Case No.2383 of 2023). And In the matter of: Md. Asim Ekram @ Md. Asim Akram ....petitioner.

Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioner.

Mr. Rana Mukherjee Mr. Bikram Mitra ... for the State.

1. Police case is registered within two years of marriage.

2. Apparently, the petitioner kicked the de facto complainant in the abdomen while she was pregnant. De facto complainant subsequently delivered a child.

3. Allegations of the de facto complainant appearing from the statement recorded under Section 164 of the Code of Criminal Procedure appear to be omnibus and general in nature.

4. In such circumstances, we grant anticipatory bail to the petitioner.

5. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Signed By :

ABHIJIT DAS High Court of Calcutta 29 th of April 2024 05:05:59 PM

Investigating Officer once a week till the conclusion of the investigation and on 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.

6. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

7. C.R.M. (A) 1414 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 29 th of April 2024 05:05:59 PM