Barkat Ali@Felua And ANR v. State Of West Bengal

20.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 754 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1094 of 2021 dated 31.08.2021 under Sections 341/324/376/511/506/34 of the Indian Penal Code.

And In Re : Barkat Ali @ Felua & Anr.

...... petitioners Mr. Avinaba Patra Mr. Partha Sarathi Das Mr. Shanta Sarkar ....for the petitioner Mr. Navanil De ....for the State Police filed charge-sheet.

Considering the statement of the victim recorded under Section 164 of the Code of Criminal Procedure where, the victim exonerates the petitioners, 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/- each, 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 condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)