Kamaluddin Sk v. State Of West Bengal

CRM (A) 146 of 2022 (Via Video Conference) 25.01.2022 Sl. 64 Court No.29 pg.

(Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Katwa P.S. Case No. 477 of 2021 dated 16/11/2021 under Sections 384/503/376/506 of the Indian Penal Code.

And In the matter of: Kamaluddin Sk.

....petitioner.

Mr. Uday Sankar Chattopadhyay ...for the petitioner.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He further submits that the wife of the petitioner lodged a complaint with the police. Learned advocate appearing for the State draws attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure of the victim.

Considering the fact that there appears to be enmity between the private parties and considering the fact that a complaint lodged by the wife of the petitioner and also considering the statement recorded under Section 164 of the Code of Criminal Procedure, 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/- with two sureties of like amount each 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 and on further condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and that he shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being CRM(A) 146 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)