Calcutta High Court (Appellete Side)
Abbach Ali Shak Alias Abbas Ali Sk. & vs Unknown on 13 February, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
13.02.2024 Serial no. 28 Anticipatory Bail [Allowed] Dd CRM (A) 433 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chakdah Police Station Case No. 691 of 2023 dated 01.10.2023 under Sections 417/376/354C/379/323/506/34 of the Indian Penal Code, 1860.
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In the matter of : Abbach Ali Shak alias Abbas Ali Sk. & Ors. ... ... Petitioners Mr. Susnigdho Bhattacharyya, Ms. Bidisha Chakraborty, Advocates ... ... For the Petitioners Mr. Anand Keshari, Advocate ... ...For the State Mr. S. Das, Advocate ... ...For the de facto complainant Apparently, petitioner no. 1 and the de facto complainant were in a relationship.
It is claimed on behalf of the de facto complainant that subsequently, the petitioners indulged in not only blackmailing the de facto complainant but also assaulting her.
In respect of the incident of assault, there is a general diary.
Petitioner no. 1 and the de facto complainant are adults. They are supposed to be aware of the consequences of their relationship.
In such circumstances, we grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of 2 Rs.10,000/- (Rupees Ten Thousand Only) each, 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 the petitioner nos. 1 and 4 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 3 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.
Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 433 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)