In Re : Jomshed Ali @ Jamsed Sk & Anr. (Bail u/s 438 allowed-13.01.2023)

13.01.2023

C.R.M.(A) 121 of 2023
In Re:- An application for anticipatory bail under Section
438 of the Code of Criminal Procedure in connection with
Bhagwangola Police Station Case No. 602 of 2022 dated
06.09.2022 under Sections 498A/323/307 of the Indian Penal
Code and under Sections 3/ 4 of the Dowry Prohibition Act with
added Section 306 of the Indian Penal Code.
And
In Re : Jomshed Ali @ Jamsed Sk & Anr.
…… petitioners
Mr. S. S. Roy
Mr. Debapriya Samanta
….for the petitioners
Mr. Mausumi Sarkar
….for the State

The police filed Charge-sheet. The husband was granted bail by the Jurisdictional Court. Apparently, the victim committed suicide. The police complaint was lodged 13 years after marriage.
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
Rs.10,000/- 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 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.
This application for anticipatory bail is, thus, allowed.

(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.