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19.09.2019
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
And
Allowed
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
parties.
It is submitted on behalf of the petitioners that the de facto
complainant-wife is harassing them by instituting a series of false
cases.
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
case.
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
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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.)
