Sahid Ali Kazi@Sahid Kazi v. State Of West Bengal

02.03.2023 Serial no. 10 [Dd] (Anticipatory bail) Allowed) CRM (A) 895 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Duttapukur Police Station Case No. 1174 of 2022 dated 25.11.2022 under Sections 448/325/376/511/34 of the Indian Penal Code and corresponding to G.R. Case no. 4865 of 2022.

-AndIn the matter of : Sahid Ali Kazi @ Sahid Kazi ... ... Petitioner Mr. Arindam Sen, Mr. Balaram Sarkar, Mr. Sagnik Bhattacharyay, Mr. Rishav Gupta, Advocates ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Arijit Ganguly, Mr. Avik Ghatak, Advocates ... ...For the State The victim recorded a statement under Section 164 of the Criminal Procedure Code.

Apparently, the claim of the de facto complainant at this stage is not being corroborated by any other independent witnesses.

Consequently, we are inclined to 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) 895 of 2023 is disposed of.

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