Abu Ali @ Abu Samad @ Julu v. State Of West Bengal

20.01.2023 Serial no. 13 [Dd] (Anticipatory bail) Allowed) CRM (A) 288 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 1444 of 2022 dated 10.12.2022 (Corresponding to G.R. No. 3360 of 2022) under Sections 448/376/506 of the Indian Penal Code.

-AndIn the matter of : Abu Ali @ Abu Samad @ Julu ... ... Petitioner Mr. Kallol Mondal, Mr. Krishanu Ray, Mr. Sabnam Laskar , Advocates ... ... For the Petitioner Mr. Arijit Ganguly, Mr. Navanil De, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. There was a boundary dispute between the neighbours.

Learned advocate appearing for the state draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. In reply to a query of the Court, he states that, the victim refused medical examination.

The issue of false implication cannot be overlooked at this stage.

Apparently there are no corroborative materials so far as the statement of the victim recorded under Section 164 of the Criminal Procedure Code is concerned, at this stage.

Consequently, we are inclined to 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 also be 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 288 of 2023is disposed of.

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