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498A/323/325/307/120B/34 Of The … vs In Re: Sahid Ali on 26 April, 2018

1

26.04.2018
201

sdas
allowed

C.R.M. No. 1795 of 2018

In Re.: An application under Section 438 of the Code of Criminal Procedure filed on 23.04.2018 in
connection with Suri Police Station Case No. 113 of 2018 dated 05.03.2018 under
Sections
498A/
323/325/307/120B/34 of the Indian Penal Code.

And

In Re: Sahid Ali …… petitioner

Mr. Sahid Ali
…… petitioner-in-person

Mr. Abdullahil Safi
….. ASI of police, Suri P.S.

Ms. Jannatun Kubra
….. de facto complainant

Petitioner is present in person. He submits that a matrimonial

proceeding was continuing by and between himself and the de facto

complainant and the instant case has been registered as an

afterthought to malign and harass him.

Investigating officer and de facto complainant are present in

Court.

We have considered the materials on record. We note that the

criminal case was belatedly registered during the pendency of the

matrimonial proceeding.

In view of the aforesaid fact, we are of the opinion that though

custodial interrogation is not necessary petitioner requires to co-operate

with the investigation in accordance with law.

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, to the satisfaction of the arresting officer and
2

also subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on further condition that he

shall meet the investigating officer once in a week until further orders.

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

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)

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