Sekh Ekramul Haque@Ekramul Haque And ANR v. State Of West Bengal
23.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 807 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Labpur Police Station Case No. 113 of 2022 dated 13.07.2022 under Sections 420/467/468/471 of the Indian Penal Code. And In Re : Sekh Ekramul Haque @ Ekramul Haque & Anr. ...... petitioners Mr. Manas Kumar Das Ms. Shabana Hasin Mr. Aritra Kumar Thokdar ....for the petitioners Mr. M Alam Sk Mr. S. N. Hossain ....for the de-facto complainant Mr. P. K. Dutta Mr. Santanu Deb Roy ....for the State A civil suit is pending between the private parties with regard to an immovable property.
The police complaint revolves around immovable property.
Disputes, apparently, are civil in nature.
In such circumstances, 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 further condition that the petitioners shall meet the Investigating Officer as and when called for till the conclusion of the investigation 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.)