Md Abdul Karim v. The State Of West Bengal

09.7.2024 SL No.32 Ct No. 29 SB CRM (A) 2245 of 2024 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Mothabari Police Station Case No. 125 of 2024 dated 10.3.2024 under Sections 498A/325/308/506/34 of Indian Penal Code.

And Md. Abdul Karim Vs.

The State of West Bengal Mr. Imtiaz Ahmed Mr. Ghazala Firdaus Mr. Moffakerul Islam Sk. Saidullah Mr. Mithun Mondal Md. Arsalan Md. Bani Israil ... for the petitioner.

Mr. Aridam Sen Mr. Sujoy Sarkar ... for the State 1.

Petitioner is the husband. All other co-accused are on bail. He submits that after 7 1⁄2 years of marriage a false complaint has been lodged against the petitioner.

2.

The State has produced the case diary which contains the injury report.

3.

Considering the materials available in the case diary, the nature and extent of complicity of the alleged offence and having regard to the fact that other co-accused have been enlarged on bail and the charge sheet has already been filed, we are of the opinion that custodial interrogation of the petitioner is not necessary. 4.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be

local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

5.

It is further directed that the present petitioner shall appear before the learned Sessions Judge, Malda, in G.R. Case No. 1528 of 2024 within two weeks from date and pray for regular bail. 6.

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 7.

Accordingly, the application for anticipatory bail is disposed of. 8.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Uday Kumar, J.) (Soumen Sen, J.)