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Judgments of Supreme Court of India and High Courts

Altab Hassain @ Altaf Ali vs Unknown on 13 February, 2018

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69 13.02.2018
ad/ Ct. No.28 C.R.M. 1224 of 2018
ks (Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 07/02/2018 in
connection with Dinhata P.S. Case No. 482 of 2017 dated
20/05/2017 under Sections 448/376/511/109 of the Indian
Penal Code and read with Section 8 of the Protection of Children
from Sexual Offences Act.

And

In the matter of: Altab Hassain @ Altaf Ali
….petitioner.

Mr. S. Guha.

…for the petitioner.

Mr. Avishek Singha
…for the State.

It is submitted on behalf of the petitioner that there was a

matrimonial dispute between the niece of the petitioner and the

family members of the de facto complainant. A criminal case

was registered against them under Sections 498A, 376/506 IPC.

In retaliation, the instant case has been instituted against the

petitioner.

Learned counsel for the State opposes the prayer for

anticipatory bail.

We have considered the materials-on-record and in view of

the aforesaid submission relating to enmity by and between the

parties and the fact that victim had refused medical examination,

we are of the opinion that custodial interrogation of the petitioner

may not be necessary and he may be granted anticipatory bail.

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 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 and on further condition
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that the petitioner shall meet the Officer-in-Charge of the

concerned Police Station once in a week until further orders.

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

(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)

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