Ali Sk@Seikh v. State Of West Bengal

03.02.2023 Serial no. 15 [Dd] (Anticipatory bail) Allowed) CRM (A) 470 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. 726 of 2022 dated 12.11.2022 under Sections 363/365/34 of the Indian Penal Code. -AndIn the matter of : Ali Sk @ Seikh ... ... Petitioner Ms. Karabi Roy, Advocate ... ... For the Petitioner Mr. Imran Ali, Ms. Debjani Sahoo, Advocates ... ...For the State The victim recorded a statement under Section 164 of the Criminal Procedure Code where she does not name any of persons who kidnapped her.

Considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the materials in the case diary and the complicity of the petitioner in the incident, 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 week 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) 470 of 2023 is disposed of.

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