Ebrahim Mallick @ Ibrahim Mallick v. State Of West Bengal

16.08.2023 Sl. No.15(S/L) [ALLOWED] as C. R. M. (A) 3479 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dadpur Police Station Case No. 164 of 2023 dated 27.06.2023 under Sections 498A/313/406 of the Indian Penal Code.

In Re: Ebrahim Mallick @ Ibrahim Mallick.

... ... Petitioner Mr. Suman Chakraborty.

... ... for the petitioner Mr. Saswata Gopal Mukherji, ld. P.P., Mr. Aniket Mitra, Ms. Jonaki Saha.

... ... for the State 1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. Medical evidence with regard to abortion does not show the incomplete abortion was due to physical assault. Allegation of assault is general and omnibus. Custodial interrogation of the petitioner for progress of investigation is not necessary and may be enlarged on anticipatory bail. 3.

Accordingly, we direct that in the event of arrest, the accused/petitioner viz., Ebrahim Mallick @ Ibrahim Mallick be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, 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 and he shall appear before the court below and pray for regular bail within four weeks from date.

4.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)