Calcutta High Court (Appellete Side)
Sk. Mamin Ali @ Sk. Momin Ali vs The State Of West Bengal on 4 January, 2019
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.31.
January 4, 2019.
SG Allowed CRM 11262 of 2018 In Re. An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of:
Sk. Mamin Ali @ Sk. Momin Ali
-versus-
The State of West Bengal Mr Suman De ... for the petitioner.
Ms Sonali Bhar ... for the State.
The petitioner seeks anticipatory bail in connection with Panskura Police Station Case No.129 of 2018 dated March 19, 2018 under Sections 498A/323/307/34 of the Indian Penal Code read with Section 4 of the Dowry Prohibition Act.
The petitioner is a relative of the husband of the de facto complainant. The husband has obtained bail and it appears that the de facto complainant consented to the husband's bail.
The State says that the charge against the present petitioner is that he induced the husband of the de facto complainant to hang the de facto complainant, before the de facto complainant could escape.2
Considering the material against the petitioner and the nature of the incident, there is no need to take the petitioner into custody at this stage.
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also 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 petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) ( Suvra Ghosh, J. ) 3