Sahi Ali @ Sk. Sahil Ali v. State Of West Bengal

C.R.M. (A) 4049 of 2023 04.10.2023 SL. 53 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kharagpur Local Police Station Case No. 544 of 2023 dated 02.07.2023 under Sections 498A/323/307/34 of the IPC read with Section 4 of the D.P. Act.

And In the matter of: Sahi Ali @ Sk. Sahil Ali ....petitioner.

Mr. Amit Ranjan Pati ...for the petitioner.

Mr. Avishek Sinha ...for the State.

1. Heard learned Counsel for both the parties.

2. The present petitioner is the husband of the victim wife. Though it has been alleged that in the alleged transaction the present petitioner made an attempt to murder the victim wife by strangulation but in the injury report we find only a skin aberration over front of her neck.

3. Regard being had to such facts and submissions, 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 by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before

the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed. 8.

The application being CRM (A) 4049 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)