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Calcutta High CourtCRM (A)/3335/2023allowed

Yakub Ali @ Yeakub Ali Mia v. State Of West Bengal

2023-08-28Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen4 pages

C.R.M. (A) 3335 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Balurghat Woman P.S. Case No. 88 of 2022 dated 01.09.2022 under Sections 498A/323/494/308/34 of the IPC (corresponding G.R. case No. 1722 of 2022) pending before the learned CJM, Dakshin Dinajpur.

And In the matter of: Yakub Ali @ Yeakub Ali Mia ....petitioner.

Mr. Kaushik Chaudhury Ms. B. Khatun ...for the petitioner.

Mr. Pravas Bhattacharya Mr. M.F.A. Begg ...for the State.

1. Heard learned Counsel for both the parties. 28.08.2023 SL. ML-514 Court No. 29 A.B.

(Allowed)

2. Charge-sheet is stated to have been filed.

3. The present petitioner is the brother-in-law of the victim/wife. The injury report of the victim shows that she has sustained simple injury.

4. Regard being had to facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of allegation, nature of injury as discussed supra, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Dakshin Dinajpur within 15 days from today in the G.R. case No. 1722 of 2022 arising out of aforesaid P.S. case. On his appearance and application for bail the petitioner shall be released on bail on such terms and conditions as deemed just

and proper in the facts and circumstances of the case.

5. The learned CJM is directed to act upon the server copy of this order, if required.

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

7. The application being CRM (A) 3335 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)