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Judgments of Supreme Court of India and High Courts

Md. Murshed Ali Alias vs Unknown on 28 June, 2018

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83 28.06.2018

AB Court 28 C.R.M. 4274 of 2018
In Re : An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure in connection with Bolpur P.S.
Case No.39 of 2018 dated 9.2.2018 under Sections
498A/307/406/34 of the Indian Penal Code read with Sections
3 and 4 of the Dowry Prohibition Act

And

In the matter of : Md. Murshed Ali alias
Murshed Sekh alias Murshed Ali
…Petitioner.

Mr. Abhijit Basu,
Mr. Arghya Kamal Das …for the Petitioner.

Ms. Faria Hossain,
Ms. Baishali Basu …for the State.

It is submitted that there is a matrimonial discord

between the petitioner and the defacto complainant and the

petitioner has been falsely implicated in the instant case.

Learned lawyer appearing for the State opposes the

prayer for anticipatory bail.

We have considered the materials on record and we find

that there is a discord between the petitioner who is the father-

in-law of the victim, and herself over the custody of the minor

child.

In view of the aforesaid facts, we are of the opinion that

custodial interrogation of the petitioner may not be necessary

and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the
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petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-(Rupees Ten Thousand only) 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.

The application for anticipatory bail is, accordingly,

allowed.

Urgent Photostat Certified copy of this order, if applied

for, is to be supplied expeditiously after complying with all

necessary legal formalities.

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

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