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Code Read With Sections 3/4 Of The … vs In Re: Sk. Selim Ali & Anr on 27 January, 2020

1

27.01.2020

Sl. No.81
akd
[ALLOWED]
C. R. M. 983 of 2020

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 24.01.2020 in connection with Chanchal Police Station Case No. 899
of 2019 dated 22.10.2019 under Sections 498A/307/325/313/379/34 of the Indian Penal
Code read with Sections 3/4 of the Domestic Violence Act.

And
In Re: Sk. Selim Ali Anr.

… … Petitioners
Mr. Soupal Chatterjee .. Advocate
… … for the petitioners

Mr. Imran Ali .. Advocate
Mrs. Sima Biswas .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioners that they are the husband and mother-

in-law of the victim-housewife respectively. It is further submitted that they have been

falsely implicated in the instant case.

Learned advocate appearing for the State produces the case diary and opposes

the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of

allegations and as there is no forensic report in support of the allegation of administration

of deleterious substance to the victim by the petitioners, we are of the opinion that

custodial interrogation of the accused/petitioners may not be necessary in the facts of the

present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners,

namely (1) Sk. Selim Ali (2) Somia Bibi, be released on bail upon furnishing a bond of
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Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to

the satisfaction of the arresting officer and also be subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition

that they shall appear before the court below and pray for regular bail within four weeks

from date.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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