Sk. Amir Hossain v. The State Of West Bengal

16.02.2023 Serial no. 24 [Dd] (Anticipatory bail) Allowed) CRM (A) 657 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Udaynarayanpur Police Station Case No. 64 of 2022 dated 05.07.2022 under Sections 420/406/506 of the Indian Penal Code corresponding to G.R. case No. 1595 of 2022. -AndIn the matter of : Sk Amir Hossain ... ... Petitioner Mr. Kunal Ganguly, Md. Shaidullah Mridha, Mr. Munshi Ashiq Elahi, Advocates ... ... For the Petitioner Mr. S. S. Imam, Mr. S. Kundu, Advocates ... ...For the State The police compliant emanates out of a written document relating to a loan.

Element of civil disputes are involved. Need for custodial interrogation of the petitioner is not felt. In such circumstances, 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 month 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) 657 of 2023 is disposed of.

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