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Calcutta High CourtCRM (A)/4604/2022allowed

Sk Sabir Ali v. State Of West Bengal

2022-09-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

29.09.2022.

06.

AD/KC (Allowed).

C.R.M. (A) 4604 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Penro P. S. Case No.82 of 2022 dated 26.07.2022 under Sections 498A of the Indian Penal Code.

In the matter of : Sk. Sabir Ali ... Petitioner.

Mr. Amal Krishna Samanta ...for the Petitioner.

Ms. Mamata Jana .....for the State.

Petitioner submits that the incident occurred 21 years after marriage. He prays for anticipatory bail. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegations are general and omnibus in nature. Keeping in mind the aforesaid facts and as investigations are complete, we are of the opinion custodial interrogation of the petitioner is not necessary and the petitioner may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, 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 and on further condition that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)