Sanuar Sha @ Sanowar Sha v. State Of West Bengal

23.02.2024 Serial no. 12 Anticipatory bail [Allowed] Dd CRM (A) 605 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chandipur Police Station Case No. 391 of 2023 dated 07.11.2023 under Sections 342/363/365/364A/34 of the Indian Penal Code, 1860.

-AndIn the matter of : Sanuar Sha @ Sanowar Sha ... ... Petitioner Mr. Indrajit Chatterjee, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, APP Mr. Sk. Arif Hossain, Advocate ... ...For the State Victim recorded a statement under Section 164 of the Criminal Procedure Code where he claims that he was taken initially to a hotel and, thereafter, to the residence of one of the accused persons and made to sign on a blank paper. Victim is a male and an adult. He came into contact with several members of the public as can be inferred from his deposition under Section 164 of the Criminal Procedure Code. Victim apparently did not seek any assistance from any members of the public. In such circumstances, 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 report before the

Investigating Officer once in a fortnight 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) 605 of 2024 is disposed of.

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