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Judgments of Supreme Court of India and High Courts

Md. Shakil vs Unknown on 16 April, 2019

1

86 16.04.2019

rkd Ct. No.28
(Allowed)
C.R.M. 4181 of 2019

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 11/04/2019 in
connection with Durgapur P.S. Case No. 483 of 2018 dated
01/10/2018 under Sections 498A /323 /354B /376 /511
/379 /506 /34 of the Indian Penal Code.

And

In the matter of: Md. Shakil
….petitioner.

Mr. K. K. Basu,
Mr. D. Samanta
…for the petitioner.

Mr. S. S. Imamm,
Mr. A. Manna
…for the State.

It is submitted on behalf of the petitioner that there is a

matrimonial dispute between the parties and he has been falsely

implicated in the instant case.

Learned counsel appearing on behalf of the State opposes

the prayer for anticipatory bail and submits that the petitioner

had misbehaved with the victim housewife.

Having considered the materials in the case diary and

bearing in mind the nature of allegations in the light of the

aforesaid submission relating to matrimonial dispute, we are of

the opinion that though custodial interrogation of the petitioner

may not be necessary, but his movement requires to be restricted

in order to instill confidence in the mind of the defacto

complainant.

In the event of arrest, the petitioner shall be released on

bail upon furnishing a Bond of Rs. 10,000/- 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 he shall not enter the jurisdiction of Durgapur
2

P.S. while on bail until further orders except for attending the

court proceeding and/or investigation and he shall provide the

address where he shall reside while on bail to the investigating

officer as well as the court below and shall meet the Officer-in-

charge of concerned Police Station where he shall reside once in

a week until further orders and on condition that he shall appear

before the court below and pray for regular bail within a fortnight

from date.

The application for anticipatory bail is, thus, disposed of.

(Manojit Mandal, J.) (Joymalya Bagchi, J.)

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