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Judgments of Supreme Court of India and High Courts

CRM/894/2019 on 6 February, 2019

1

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.)

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