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
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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.)