Md Azahar v. State Of West Bengal

13.01.2021 Court No.28 Item No. 90 Krishnendu ALLOWED C.R.M. 21 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Md. Azahar ......Petitioner Mr. Sujoy Sarkar ....For the Petitioner Mr. Prasun Kumar Dutta, ld. A.P.P.

Mr. Subrata Roy .......For the State Apprehending arrest in connection with Md. Bazar P. S. Case No. 186 of 2020 dated 12.10.2020 under sections 498A/341/325/307/506/34 of the Indian Penal Code, 1860 and under sections 3 and 4 of the Dowry Prohibition Act, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner has been falsely complicated in the criminal proceedings and there is no incriminating material against the petitioner.

The learned advocate appearing for the State has placed before us the case diary.

Having heard the learned advocates appearing for the respective parties and upon considering the materials in the case diary, we are of the opinion that custodial detention of the petitioner is not necessary.

Accordingly, we allow the application and direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and 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 will meet the Investigating Officer of the case once a week on a from 15th January, 2021 until further orders.

The application for anticipatory bail, being CRM No. 21 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)