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The Indian Penal Code And Sections … vs In Re: Mister Sk. @ Aktar Ali @ … on 27 November, 2019



Sl No.58
CRM 11055 of 2019
In Re: An application for anticipatory bail under Section 438 of the Code of
Criminal Procedure filed on 25.11.2019 in connection with Hariharpara P.S.
Case No.336 of 2019 dated 21.07.2019 under Sections 498A/Section325/Section307/Section34 of
the Indian Penal Code and Sections 3/4 D.P. Act.


In Re: Mister Sk. @ Aktar Ali @ Mister Ali Sk.

… … Petitioner.

Mr. Shabana Hasin
… for the Petitioner.

Mr. Imran Ali,
Mr. Sk. Arif Hossain
… … for the State.

It is submitted on behalf of the petitioner that he has been falsely

implicated in the instant case. There is delay of 40 days in registering the FIR.

Learned lawyer for the State opposes the prayer for anticipatory bail.

Upon consideration of the materials on record in the light of the aforesaid

submission of the petitioner and as we do not find any material against the

petitioner in the statement of the victim under Section 164 Criminal Procedure

Code, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner be released

on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each,

with two sureties of like amount each, one of whom must be local, 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

condition that the petitioner shall appear before the court below and pray for

regular bail within a period of four weeks from date. In addition, the petitioner

will report to the Investigating Officer at such time and place as may be specified

by the concerned police officer, till the investigation is completed.

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

(Suvra Ghosh, J.) (Joymalya Bagchi, J.)

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