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February 6, 2019
(113) ARDR
Allowed
CRM 894 of 2019
In Re:- An application for bail under Section 438 of the Code of
Criminal Procedure filed on 17/1/2019 in connection with
Bidhannagar Women Police Station case no. 40 of 2018 dated
07/10/2018 under Sections 498A/325/307 of the Indian Penal
Code.
In Re : Zakir Hossain.
… petitioner
Mr. Mazhar Hossain Chowdhury,
…..for the petitioner
Mr. Imran Ali,
Mr. M.F.A. Begg,
….for the State
It is submitted on behalf of the petitioner that he has been
falsely implicated in the instant case due to matrimonial dispute.
Learned lawyer for the State opposes the prayer for
anticipatory bail and submits that the petitioner misappropriate a
large sums of money entrusted to him.
We have considered the materials in the Case Diary and
bearing in mind the nature of allegations and in view of the fact that
the allegation of physical assault is not supported by medical
evidence and in view of the fact that the medical evidence does not
appear to be convincing, we are of the opinion that the petitioner
may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the
petitioner shall be released on bail upon furnishing a bond of
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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 with a condition that the petitioner shall
meet the Investigating officer once in a week until further orders.
The application for anticipatory bail is, accordingly, disposed
of.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.)