Ali Mohammad Sekh @ Ali Md Sk @ Daku Sekh And ORS v. State Of West Bengal
06.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3171 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 342 of 2022 dated 19.04.2022 under Sections 498A/307/34 of the Indian Penal Code, 1860.
And In Re : Ali Mohammad Sekh @ Ali MD Sk @ Daku Sekh & Ors. ...... petitioners Ms. Sananda Bhattacharya ....for the petitioners Md. Adil Badr Mr. Arup Sarkar Mr. Sobhan Guin ....for the State Petitioners pray for anticipatory bail.
Learned advocate appearing for the petitioners submits that, the marriage took place between the second petitioner and the de-facto complainant ten years back. The petitioners were falsely implicated.
Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the period of marriage and the omnibus nature of allegations as against the petitioners, 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/- each, 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 nos. 1 (Ali Mohammad Sekh @ Ali MD Sk @ Daku Sekh), 2 (Amir Shekh) and 5 (Alom Sekh) shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner nos. 3 (Sarifa Bibi) and 4 (Jamela Bibi) shall cooperate with the Investigating Officer 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.
This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)