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Judgments of Supreme Court of India and High Courts

Md. Mumtaz Alam @ vs Unknown on 8 May, 2018

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270 08.05.2018

AB Court 28 C.R.M. 2168 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Howrah
Women P.S. Case No.9 of 2018 dated 16.2.2018 under Sections
498A/354/376/511/34 of the Indian Penal Code

And

In the matter of : Md. Mumtaz Alam @
Mumtaz Alam Anr.

…Petitioners.

Mr. Alok Mondal …for the Petitioners.

Ms. Purnima Ghosh …for the State.

It is submitted that the petitioner no.1 is the father-in-

law of the victim housewife and he has been falsely implicated in

a series of cases.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

We have considered the materials on record and we find

that the petitioner no.1 was implicated in an earlier case being

Howrah P.S. Case No. 30 of 2018 dated 19.1.2018 by the defacto

complainant and has been enlarged on bail. Subsequently the

instant case has been registered.

In view of the aforesaid facts and bearing in mind the

nature of allegations and the preexisting enmity between the

parties, we are of the opinion that custodial interrogation of the
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petitioners is not necessary and they may be granted

anticipatory bail.

Accordingly, we direct that in the event of arrest the

petitioners shall be released on bail upon furnishing 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 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 meet the Investigating Officer of the

case once in a week until further orders.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, be supplied expeditiously after complying with all necessary

legal formalities.

(Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)
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