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And 4 Of The Dp Act vs Allowed on 15 March, 2019


tkm/ct 28 C.R.M. 3164 of 2019
sl no. 117

In Re : An application for anticipatory bail under section 438 of the Code of
Criminal Procedure filed on 13.3.2019 in connection with Medinipur All Women
P.S. Case No. 12/2019 dated 28.1.2019 under sections
498A/323/307/326A/509/406/506/34 of the Indian Penal Code and sections 3
and 4 of the DP Act
In Re : Sk. Ainal Ali Ors. …… petitioners

Mr. Avishek Sinha
Ms. Aindrila De
…… for the petitioners
Mr. Imran Ali
Mr. MFA Begg
…… for the State

Mr. Soumyajit Das Mahapatra
…… for the de facto complainant

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

had an illicit affair with the victim and her husband had filed a suit for nullity of

marriage against her. Petitioners are the in-laws of the de facto complainant and

they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered the materials in the case diary and bearing in mind the

nature of allegations in the light of the aforesaid submissions made on behalf of

the petitioners and as the allegation of physical assault is not supported by

medical evidence, we are inclined to grant anticipatory bail to the petitioners.

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 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 petitioners shall appear before the court below and pray for

regular bail within a fortnight from date.

The application being CRM 3164 of 2019 is disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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