Sk. Alfazuddin v. The State Of West Bengal

28.08.2024 Court No.29 Item No. 68 Allowed cm CRM (A) 2964 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Rajapur Police Station Case No. 117 of 2024 dated 18.04.2024 under Sections 498A/323/325/307506/34 of the Indian Penal Code, 1860 pending before the learned Additional Chief Judicial Magistrate, Uluberia Court, Howrah.

And In Re: Sk. Alfazuddin Petitioner Ms. Ipsita Ghosh For the Petitioner Mr. Antarikhya Basu, Ms. Nahid Ahmed, For the State Mr. ----- For the defacto complainant

1. The learned Counsel for the petitioner submits that the matrimonial dispute by and between the parties has been amicably settled.

2. The learned Counsel for the defacto complainant has submitted that the parties have mutually settled their matrimonial dispute.

3. The learned Counsel for the State has produced the case diary.

4. Considering the materials available in the case diary and having regard to the statement made on behalf of the petitioner and the victim that the matrimonial dispute has been amicably settled, we are of the view that the custodial interrogation of the petitioner is not necessary.

5. Accordingly, we direct that in the event of arrest the petitioner namely, Sk. Alfazuddin, shall be released on bail upon furnishing a bond of Rs.5,000/-, with two registered sureties of like amount each, to the satisfaction of the

arresting officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O. once in a fortnight till the submission of the final report and shall appear before the learned jurisdictional court within two weeks from date.

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

7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)