Alimul Haque Munshi @ Alimul Haque And ORS v. State Of West Bengal

C.R.M. (A) 883 of 2022 22.03.2022 Sl. 127 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.02.2022 in connection with Kaliganj P.S. Case No. 582 of 2021 dated 27.10.2021 under Sections 363/365/34 of the Indian Penal Code.

And In the matter of: Alimul Haque Munshi @ Alimul Haque Munsi & Ors.

....petitioners.

Mr. Prabir Majumder ...for the petitioners.

Mr. Sudip Kumar ...for the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. 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. In the statement recorded under Section 164 of the Criminal Procedure Code, the victim claims that the incident occurred 11 months ago.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the fact that the police filed charge-sheet, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, 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 and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

Consequently, we grant anticipatory bail to the petitioners.

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

C.R.M. (A) 883 of 2022 is, thus disposed of.

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