Saharaf Ali v. The State Of West Bengal

16.01.2025 Sl. No.33 akd [ALLOWED] C. R. M. (A) 173 of 2025 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 13.01.2025 in connection with Hemtabad Police Station Case No.309 of 2024 dated 30.11.2024 under Sections 336(3)/318(4) of the Bharatiya Nyaya Sanhita, 2023. (G.R. Case No.2677 of 2024) And In Re: Saharaf Ali ... ... Petitioner Mr. Jisan Iqubal Hossain ... ... for the petitioner Mrs. Rituparna De Ghose Ms. Rajashree Tah ... ... for the State 1.

It is submitted on behalf of the petitioner that the alleged forged Warrison (inheritance) certificate has not been acted upon and no wrongful loss was suffered by the de-facto complainant. Accordingly, he prays for anticipatory bail.

2.

Learned Advocate for the State opposes the prayer for anticipatory bail and submits de-facto complainant's signature was forged to obtain the Warrison (inheritance) certificate. 3.

We have considered the materials on record. Forged document is in custody of the Investigating Agency. It was not acted upon and no wrongful loss had been suffered by the de-facto complainant. Petitioner undertakes to supply his signature and handwriting for verification. Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

4.

Accordingly, we direct in the event of arrest, the accused/petitioner, namely, Saharaf Ali, be released on bail upon Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of January 2025 03:55:46 PM

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 also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition that the petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By : ARUP KUMAR DAS High Court of Calcutta 17 th of January 2025 03:55:46 PM