Kuddus Molla And ORS v. State Of West Bengal

31.01.2023 Serial no. 18 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 379 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 712 of 2022 dated 05.11.2022 under Sections 448/379/376D & 506 of the Indian Penal Code. -AndIn the matter of : Kuddus Molla & Ors.

... ... Petitioners Ms. Mallika Manna, Advocate ... ... For the Petitioners Mr. Neguive Ahmed, ld. APP Mr. Iqbal Kabir, Advocates ... ...For the State There is an issue of false implication involved. Petitioner filed the previous police complaint alleging that a property was sold to them through false implication. In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 379 of 2023 is disposed of.

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