Sk Golam Nabi v. State Of West Bengal

C.R.M. (A) 42 of 2023 09.01.2023 Sl.10 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No.427 of 2021 dated 03.11.2021 under Sections 341/323/325/379/506/34 of the Indian Penal Code, 1860, corresponding to G.R. No.1310 of 2021.

And In the matter of: Sk. Golam Nabi ....petitioner.

Mr. Tanmay Chowdhury Ms. Ritoprita Ghosh ...for the petitioner.

Mr. Tanmoy Kumar Ghosh, Ld. Sr. Government Advocate Ms. Sonali Bhar ...for the State.

Petitioner prays for anticipatory bail.

Co-accused was granted bail by the jurisdictional Court. Apparently, the incident arose out of a dispute relating to rash driving.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, 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 condition that the petitioner will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 42 of 2023 is, thus, disposed of.

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