Md Shahzad Alam @ Md Sameer Alam @ Sahjad v. State Of West Bengal

C.R.M. (A) 769 of 2022 16.02.2022 Sl. 26 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.02.2022 in connection with Kulti P. S. Case No. 373 of 2021 dated 25.07.2021 under Sections 376/417 of the Indian Penal Code. And In the matter of: Md. Shahzad Alam @ Md. Sameer Alam @ Sahjad ....petitioner.

Mr. Apurba Kumar Dutta ...for the petitioner.

Mr. Debabrata Chatterjee Ms. Debjani Sahu ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police complaint is a result of a relationship going sour.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code.

Considering the materials in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code of the victim and considering the gravity of the offence and involvement of the petitioner therein, 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 appear before the Investigating Officer once a month

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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 769 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)