Haidar Ali v. State Of West Bengal

12.01.21 S.R.

Sl.73 Ct.28 CRM No.33 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Daulatabad Police Station Case No.98 of 2020 dated 17.05.2020 under Sections 341/325/307/34 of the Indian Penal Code;

And In re:

Haidar Ali ... petitioner.

Mr. Kingsuk Mondal ... for the petitioner.

Ms. Sonali Das ...for the State.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the criminal proceedings. Upon completion of investigation charge-sheet has already been filed. Out of the seven accused persons including the petitioner, three persons have already been granted anticipatory bail by the learned Sessions Court.

The learned advocate appearing for the State submits that there are incriminating materials on record against the petitioner. Having heard the learned advocates and upon considering the materials in the case diary, the extent of complicity of the petitioner in the alleged offence and as co-accused persons have already been granted anticipatory bail, we are of the opinion that custodial interrogation of the petitioner is not necessary. Accordingly, we direct that in the event of arrest, the petitioner, namely, Haidar Ali, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail being CRM No.33 of 2021 is, thus, allowed.

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