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Judgments of Supreme Court of India and High Courts

498A/376/120B Of The Ipc vs Allowed on 19 September, 2019


tkm/ct 28 C.R.M. 8895 of 2019
sl no. 209

In Re : An application for anticipatory bail under Sectionsection 438 of the
Code of Criminal Procedure filed on 18.9.2019 in connection with
Hariharpara P.S. case no. 279 of 2019 dated 18.6.2019 under Sectionsections
498A/Section376/Section120B of the IPC
In Re : Saijuddin Sk. @ Sekh Anr. …… petitioners

Mr. J. I. Hossain
…… for the petitioners
Mr. Goutam Banerjee
…… for the State

Heard the learned advocates appearing for the respective


It is submitted on behalf of the petitioners that the de facto

complainant-wife is harassing them by instituting a series of false


Learned lawyer for the State opposes the prayer for

anticipatory bail and submits that the petitioners violated the de

facto complainant-wife after being released on bail in the earlier


Learned lawyer for the de facto complainant also opposes

the prayer for anticipatory bail.

Having considered materials on record and bearing in mind

the nature of allegations in the light of the submission that there

is possibility of false implication in view of the pre-existing enmity

between the parties, we are of the opinion though custodial

interrogation of the petitioners may not be necessary, movements

of the petitioners require to be restricted in order to prevent the

recurrence of similar situation.

Accordingly, we direct that in the event of arrest, the

petitioners shall be released on bail upon furnishing a bond of

Rs. 10,000/- each with two sureties of like amount, to the

satisfaction of the Arresting Officer and also be subject to the

conditions as laid down under Sectionsection 438(2) of the Code of

Criminal Procedure, 1973 and on further condition that the

petitioners while on bail shall not enter the jurisdiction of

Hariharpara P.S until further orders except for the purpose of

investigation and attending court proceedings and shall report to

the concerned officer in charge within whose jurisdiction he shall

reside while on bail once in a week until further orders and shall

provide the address where they shall reside to the investigating

officer as well as court below while on bail and shall appear

before the court below and pray for regular bail within four week

from date.

The application being CRM 8895 of 2019 is disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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