Calcutta High Court (Appellete Side)
Javed Ahmed & Ors vs Unknown on 7 August, 2023
07.08.2023 C.R.M. (A) 2749 of 2023
ML. 17
Court No. 29
Suvayan
In Re: - An application for anticipatory bail under Section 438 of
(Allowed) the Code of Criminal Procedure filed in connection with Howrah
Women Police Station Case No. 20 of 2023 dated 20.05.2023
under Sections 498A/406/506/34 of the IPC.
And
In the matter of: Javed Ahmed & Ors.
....petitioners.
Ms. Minoti Gomes
...for the petitioners.
Mr. Madhusudan Sur
Mr. Manoranjan Mahata
...for the State.
1.Heard learned Counsel for both the parties.
2. Considered the materials placed by them including the statement of the witnesses.
3. Regard being had to such facts and submissions, factum of permanent residence of the petitioners, nature of allegation, the fact that there is always hope of compromise in matrimonial disputes and such compromise is always in the interest of the family and society, completion of investigation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail by the Arresting Officer in the event of their arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:
i) The petitioner No. 1, Javed Ahmed, petitioner No. 2, Iqbal Ahmed, petitioner No. 4, Asif Ahmed and petitioner No. 5, Aamir Ahmed are directed to appear before the I.O. once in a week on the day and time fixed by the I.O. for the purpose of 2 investigation till submission of F.F.
ii) The petitioner No. 3, Saleha Begum @ Anwara Saleha Begum is directed to appear before the I.O. for the purpose of investigation as and when required from sunrise to sunset.
iii) The petitioners shall not threaten, induce or coerce any witness of this case in any manner whatsoever during the currency of this order.
4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.
5. Within 21 days from today each of the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.
5. Accordingly, the prayer for the anticipatory bail is allowed.
6. The application being CRM (A) 2749 of 2023 is disposed of.
(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.) 3