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Calcutta High CourtCRM (A)/978/2022allowed

Intajul Haque v. State Of West Bengal

2022-03-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 978 of 2022 01.03.2022 Sl. 04 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hariharpara P.S. Case No. 528/2021 dated 10/12/2021 under Sections 498A/323/325/307/34 of the Indian Penal and Sections 3/4 of the Dowry Prohibition Act.

And In the matter of: Intajul Haque ....petitioner.

Mr. Jisan Iqubal Hossain ...for the petitioner.

Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State draws the attention of the Court to the injury report.

Considering the gravity of the offence and the involvement of the petitioner therein and the injury report of the de fact complainant and considering the fact that the police filed charge, 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 further condition that the petitioner shall appear before the jurisdictional Court and pray for regular bail within four weeks from date and on

further conditions the petitioner shall appear before the court below on every date fixed for hearing.

In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 978 of 2022 is, thus, disposed of.

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