Abdul Hadi@Md Abdul Hadi v. State Of West Bengal

22.04.2021 Court No.28 Item No. 210 Krishnendu ALLOWED C.R.M. 955 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In re: Abdul Hadi @ Md. Abdul Hadi ......Petitioner Mr. Avinaba Patra Mr. Dipayan Kundu .....For the Petitioner Mr. Narayan Prasad Agarwalla Mr. Ashok Das .......For the State Apprehending arrest in connection with English Bazar Police Station Case No. 945 of 2020 dated 12.10.2020 under sections 493/417/376/326/506 of the Indian Penal Code, the petitioner has filed the present application. Heard the learned advocate appearing for the petitioner as well as the learned advocate for the State. Considered the materials in the case diary and on perusal of the same, we find that it is an admitted position that the de facto complainant had a relationship of twelve years with the present petitioner, who has been made an accused in this case.

In view of the long-standing relationship existing between the petitioner and the de facto complainant, we are, prima facie, of the opinion that custodial detention/interrogation of the petitioner may not be warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Abdul Hadi @ Md. Abdul Hadi, shall be released on bail upon furnishing a bond of Rs.10,000/- 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 petitioner shall meet with the Investigating Officer of the English Bazar Police Station once a week until further orders on and from 1st May, 2021. The application for anticipatory bail, being CRM No. 955 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.)