Calcutta High CourtCRM (A)/786/2022allowed

Usman Ali @ Usman v. State Of West Bengal

2022-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 786 of 2022 (AD) 21.03.2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No.702 of 2019 dated 25/12/2019 (Corresponding to G.R No.-3075/2019) under Sections 341/323/376/511/354/34 of the Indian Penal Code.

And Court No.29 (Allowed) In the matter of: Usman Ali @ Usman ....petitioner.

Mr. Kaustav Bagchi Mr. Arup Sarkar Mr. Debayan Ghosh Ms. Priti Kar ...for the petitioner.

Mr. Narayan Prasad Agarwala Mr. Pratick Bose ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was enlarged on bail in the previous police case, inter alia, under Section 498A of the Code of Criminal Procedure. Subsequently, the present case was instituted to falsely implicate the petitioner.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. In response to a query of the Court, he submits that the police submitted charge sheet.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the face that the police submitted charge sheet, 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/- (Rupees Ten Thousand Only) 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 condition that the petitioner shall appear every day 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 786 of 2022 is disposed of.

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