CRM 11913 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 16.12.2019 in connection with Chanchal Police
Station Case No.869/2019 dated 12.10.2019 under Sections
498A/Section494/Section325/Section307/Section379/Section34 of the Indian Penal Code and Sections 3/4 of the
In Re: Mahasin Ali Anr.
… … Petitioners.
Mr. Sagar Saha
… for the petitioners.
Ms. Benazir Hasna
… … for the State.
It is submitted on behalf of the petitioners that there was a family dispute
and they have been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for anticipatory bail and
submits that the petitioner No.1 married for the second time and assaulted the
de facto complainant who is the first wife of the petitioner.
Having considered the materials on record and bearing in mind the nature
of allegations and as the injuries are simple in nature, we are inclined to grant
anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners be
released on bail upon furnishing a bond of 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 the
petitioner No.1 shall meet the investigating officer once in a week until further
orders and on condition that the petitioners shall appear before the court below
and pray for regular bail within a period of four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)