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Calcutta High CourtCRM (A)/2333/2024allowed

Nabeel Ahmed Kaleem v. The State Of West Bengal

2024-08-02Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

Court No. 29 (266041) CRM (A) 2333 of 2024 c In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Taltala Women Police Station Case No. 04 of dated 30.08.2023 under Sections 498(A)/354A(i)/406/509/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961, pending before the learned Metropolitan Magistrate 20th Court, Calcutta. 02.08.2024 (AD 24) (S. Banerjee) (Allowed) And In the matter of: Nabeel Ahmed Kaleem ...petitioner Ms. Shaila Afrin Ms. Rafat Jahan Ms. Zeenat Parveen ... for the petitioner Mr. Arnab Chatterjee Mr. Akash Ganguly ... for the State

1. The petitioner is the husband.

2. Pursuant to earlier direction, the IO has produced the statement of the victim recorded under Section 161 Cr.P.C.

3. It appears from the statement that in the proceeding initiated under the Protection of Women from Domestic Violence Act, 2005, the husband has given certain undertaking and the wife has taken a lenient view with regard to the alleged offence.

4. Considering the fact that charge-sheet has already been filed and the parties are living peacefully now, we are inclined to grant anticipatory bail to the petitioner. Signed By :

SWARUP BANERJEE High Court of Calcutta 2 nd of August 2024 05:00:08 PM

5. Accordingly, we direct that in the event of arrest, the petitioner (Nabeel Ahmed Kaleem) shall be released on bail upon furnishing a bond of Rs. 5,000/- with two registered sureties of like amount, 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, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

6. The petitioner shall appear before the learned Metropolitan Magistrate, 20th Court at Calcutta within two weeks and shall appear before him on each and every date of trial.

7. Accordingly, the application for anticipatory bail is allowed.

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.)