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Calcutta High CourtCRM (A)/3273/2023allowed

Saifuddin Sanfui And ANR v. State Of West Bengal

2023-10-06Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3273 of 2023 06.10.2023 SL. 6 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Basanti Police Station Case No. 572 of 2023 dated 04.07.2023 under Sections 498A/494/34 IPC.

And In the matter of: Safiuddin Sanfui & Anr.

....petitioners.

Mr. Moyukh Mukherjee Mr. Abhishek Dutt Ms. Rupa Singh ...for the petitioners.

Mr. Imran Ali Ms. Sutapa Banerjee ...for the State.

1. Heard learned Counsel for the parties.

2. The petitioner no. 1 is the divorced husband and the petitioner no. 2 is the second wife of the petitioner no. 1.

3. On perusal of the entire materials of the case diary, we find that there are omnibus allegations against the present petitioners for infliction of torture on various grounds, which prima facie appears to us at the fringe.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation, nature of offence and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

5. Within 21 days from today, petitioners are directed to appear before the I.O. along with a server copy or certified copy of

this order.

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

7. The application being CRM (A) 3273 of 2023 is disposed of.

8. The I.O. is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)