Ajmir Sk @ Shaikh v. State Of West Bengal

C.R.M. (A) 3989 of 2023 03.10.2023 SL. 56 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 141 of 2023 dated 12.05.2023 under Sections 498A/406/325/307/34 IPC.

And In the matter of: Ajmir Sk @ Shaikh ....petitioner.

Mr. Amanul Islam Ms. Roma Roy Mr. Sourav Mukherjee ...for the petitioner.

Mr. Debabrata Chatterjee, Ld. APP Mr. Santanu Chatterjee ...for the State.

1. Heard learned Counsel for the parties.

2. The present petitioner is the husband of the informant/victim wife.

3. On perusal of the injury report, it reveals that the injury sustained by the victim wife/informant is simple in nature. Admittedly, there are some materials of torturing of the present petitioner upon the informant/victim wife. But prima facie it appears to us those are at the fringe.

4. Regard being had to the facts and submission, factum of permanent residence of the petitioner, 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 substantial progress in investigation, it is directed that the petitioner shall be released on bail in the event of his

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, petitioner is 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) 3989 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.)