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19.09.19

Sl. No.171
akd
[ALLOWED]
C. R. M. 8831 of 2019

In Re: An application for anticipatory bail under Section 438 of the Code of Criminal
Procedure filed on 17.09.2019 in connection with Chanchal Police Station Case No. 105
of 2019 dated 03.03.2019 under Sections 498A/Section323/Section325/Section307/Section34 of the Indian Penal Code
read with Sections 3/Section4 of the Dowry Prohibition Act.

And

In Re: Najim Akhtar @ Bapi
… … Petitioner
[

Mr. Mujibar Ali Naskar .. Advocate
Mr. Zamiul Alam .. Advocate
… … for the petitioner
Mr. Subrata Roy .. Advocate
… … for the State

Heard the learned advocate appearing for both the parties.

It is submitted on behalf of the petitioner that there is inordinate delay in lodging

the FIR.

Learned advocate appearing for the State opposes the prayer for anticipatory

bail and submits that the allegation of physical assault is supported by medical evidence.

Having considered the materials on record and in view of the fact that the

alleged incident of physical assault occurred three months prior to registration of the FIR

and as there is no explanation for the delay, we are of the opinion that custodial

interrogation of the accused/petitioner may not be necessary in the facts of the present

case and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely

Najim Akhtar @ Bapi, 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
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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

meet the Investigating Officer once in a week until further orders and shall appear before

the court below and pray for regular bail within four weeks from date.

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

(Jay Sengupta, J.) (Joymalya Bagchi, J.)