Calcutta High CourtCRM (A)/597/2022allowed

Abdul Bari @ Barek Ali v. State Of West Bengal

2022-02-09Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 597 of 2022 09.02.2022 Sl. 09 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P.S.

Case No.

of dated 13/11/2021 under Sections 498A/306/34 of the Indian Penal Code.

And In the matter of: Abdul Bari @ Barek Ali ....petitioner.

Mr. Debabrata Ray Mr. Asfak Ahammed ...for the petitioner.

Mr. Debabrata Chatterjee Ms. Manisha Sharma ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. Other co-accused were granted bail by the jurisdictional Court including the husband of the deceased.

Learned advocate appearing for the State draws the attention of the Court to the post mortem report and to the fact that other co-accused were granted bail after 56 days of custody. He submits that the petitioner was absconding. The police are yet to submit the charge-sheet.

Considering the fact that the other co-accused were granted bail by the jurisdictional Court and considering the gravity of the offence and the involvement of the petitioner as appearing from the case diary and considering the fact that the petitioner is father-in-law of the deceased, 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 the petitioner shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being CRM(A) 597 of 2022 is, thus, disposed of.

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