← Library
Calcutta High CourtCRM (A)/1051/2022allowed

Tofayel Ahamed @Tofayel Ahammed v. State Of West Bengal

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

03.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1051 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jalangi Police Station Case No. 358 of 2021 dated 20.12.2021 under Sections 325/326/302/34 of the Indian Penal Code. And In Re : Tofayel Ahamed @ Tofayel Ahammed ...... petitioner Mr. Jishan Iqubal Hossain ....for the petitioner Mr. Swapan Banerjee Ms. Purnima Ghosh ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner is a labourer. The petitioner was falsely implicated.

Learned advocate appearing for the State submits that, the prayer for anticipatory bail of the contractor was rejected by the Sessions Court. Two other labourers were granted anticipatory bail by the Sessions Court.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the petitioner is the labourer, 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/-, 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 meet the Investigating Officer once in a month till the conclusion of the investigation and on condition that the petitioner shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)