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2018 Dated 07.07.2018 Under … vs In Re: Soyed Ali Mondal @ Md. Soyed … on 6 February, 2019

1

06.02.19

Sl. No.22
akd
[ALLOWED]
C. R. M. 9833 of 2018

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 30.10.2018 in connection with Matia Police Station Case No. 295 of
2018 dated 07.07.2018 under Sections 498A/302/34 of the Indian Penal Code.

And

In Re: Soyed Ali Mondal @ Md. Soyed Ali Mondal Ors.

… … Petitioners
Mr. Satadru Lahiri .. Advocate
… … for the petitioners

Mr. Rudradipto Nandy .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

Learned advocate appearing for the petitioners submits that the petitioner no.2

does not want to press his application for anticipatory bail. Accordingly, the prayer for

anticipatory bail of the petitioner no.2 namely, (2) Khude Mondal @ Manirul Mondal

stands dismissed as not pressed.

It is submitted on behalf of the petitioner nos.1, 3 4 that the incident occurred

fifteen years after marriage and that the allegations against them are general and

omnibus in nature.

Learned advocate for the State produces the case diary and opposes the prayer

for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the fact

that the incident occurred fifteen years after marriage and that the statutory presumptions

under Sections 113A and 113B of the Evidence Act are not attracted in the facts of the

present case and in the light of the aforesaid submissions made on behalf of the petitioner
2

nos.1, 3 4, we are of the opinion that custodial interrogation of the accused/petitioner

nos.1, 3 4 may not be necessary in the facts of the present case and they may be

granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner nos.1, 3

4, namely (1) Soyed Ali Mondal @ Md. Soyed Ali Mondal, (3) Sabina Bibi @

Chhamena Bibi (4) Fatema Bibi, be released on bail upon furnishing bond of

Rs.10,000/- (Rupees Ten thousand only) each, 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.

The application for anticipatory bail is, thus, disposed of.

(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)

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