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D.P. Act vs In Re: Mahasin Ali & Anr on 17 December, 2019



Sl No.87
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
D.P. Act.


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.)

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