Calcutta High CourtCRM/609/2021allowed

Jakir Hossain And ORS v. State Of West Bengal

2021-03-12Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

12.03.2021 Court No.28 rpan / 27 CRM 609 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Jakir Hossain & Others - Petitioners Mr. Mazahar Hossain Chowdhury ... For the Petitioners.

Mr. Abhra Mukherjee, Mr. Goutam Banerjee ... For the State Apprehending arrest in connection with Kushmandi P .S. Case No. 01 of 2021 dated 02.01.2021 under Sections 341/376/323/506 of the Indian Penal Code, the petitioners have filed the present application.

The learned advocate appearing for the petitioners submits that the petitioner nos.1 and 2 are the parents of one Abdur Rof, who is the principal accused and the petitioner nos.3 and 4 are the neighbours. They have been falsely implicated and the allegations levelled against them are unfounded. In the said conspectus, custodial interrogation of the petitioners is not necessary.

Mr. Mukherjee, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the medical report and the statement of the victim lady, who is about 24 years of age, as recorded under Section 164 of the Code. Upon perusal of the materials in the case diary, prima facie, we find that overt act has been attributed to the person, namely,

Abdur Rof. In view of the nature of allegations and the extent of complicity of the petitioners herein, we are of the opinion that they are entitled to the privilege of anticipatory bail. As such, the prayer for anticipatory bail of the petitioners is allowed. Accordingly, we direct that in the event of arrest the petitioners, namely, Jakir Hossain, Runa Laila @ Runa Begum, Md. Jafar Hossain @ Jafar Ali and Ajahrul Islam, shall be released on bail upon furnishing a bond of `10,000/- each with two sureties of like amount each, one of whom must be local, 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.

The application for anticipatory bail, being CRM No. 609 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)