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Judgments of Supreme Court of India and High Courts

Samsad Ali Alias Samsed Ali vs Unknown on 11 April, 2019

1

11.04.2019

.

90.
as
(Allowed).

C.R.M. 4111 of 2019

In Re:- An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 10.04.2019 in connection
with Chanditala P. S. Case No.57 of 2019 dated 05.02.2019 under
Sections 498A/406/307/34 of the Indian Penal Code.

In the matter of : Samsad Ali alias Samsed Ali
Alias Md. Samsad Ali.

… Petitioner.

Mr. Kazi Safiullah.

…for the Petitioner.

Ms. Sima Biswas.

…..for the State.

Sk. Sahid Hossain.

….for the de-facto complainant.

Heard the learned Advocates appearing for the parties.

It is submitted on behalf of the petitioner that the de-facto

complainant was residing separately. Subsequently, the instant

case has been registered to harass and humiliate the petitioner.

Learned Advocate appearing for the de-facto complainant

opposes the prayer for anticipatory bail and submits that she was

doused in kerosene and sought to be set on fire.

Learned Advocate appearing for the State opposes the prayer

for anticipatory bail.

2

We have considered the materials on record and bearing in

mind the nature of allegations and in view of the fact that the

allegations of attempting to set the victim on fire is not supported

by any contemporaneous documents, we are of the opinion that

the petitioner may be granted anticipatory bail, however, subject to

strict conditions.

Accordingly, we direct that in the event of arrest the

petitioner viz., Samsad Ali alias Samsed Ali Alias Md. Samsad Ali

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 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 shall meet the investigating

officer once in a week until further orders and shall appear before

the trial court and pray for regular bail within a fortnight from

date.

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

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