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Calcutta High CourtCRM (A)/974/2022allowed

Anikul Alam Biswas @Kharab v. State Of West Bengal

2022-02-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

28.02.2022 Serial no. 10 Dd CRM (A) 974 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 84 of 2022 dated 19.02.2022 under Sections 417/376 of the Indian Penal Code.

-AndIn the matter of : Anikul Alam Biswas @ Kharab ... Petitioner Mr. Jisan Iqubal Hossain, Advocate ... ... For the Petitioner Petitioner seeks anticipatory bail.

None appears for the State even in the second call. Learned Public Prosecutor is requested to take appropriate measures in order to ensure that the State remains represented in all the matters.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. He refers to page 6 of the application which is a document relating to a loan. Considering the fact that possibility of the petitioner being falsely implicated in the present case cannot be ruled out on the basis of the documents at page 6 of the application and considering the fact that State is unrepresented to oppose the prayer for grant of anticipatory bail of the petitioner, 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 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 appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 974 of 2022 is disposed of.

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