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Calcutta High CourtCRM (A)/1081/2023allowed

Ahmadullah@Md Ahmedulla v. State Of West Bengal

2023-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1081 of 2023 21.03.2023 Sl.4 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Women Police Station Case No. 48 of 2021 dated 16.03.2021 under Sections 498A/307/506/109 of the Indian Penal Code, 1860 read with Section 4 of the Dowry Prohibition Act, 1961.

And In the matter of: Ahmadullah @ Md. Ahmedulla ....petitioner.

Mr. Rana Mukhopadhyay Mr. Rhiddhiman Mukherjee ...for the petitioner.

Mr. Arijit Ganguly Mr. Koushik Kundu ...for the State.

Petitioner prays for anticipatory bail.

In the present police case initially, the police submitted a charge sheet in which the petitioner was not named as an accused. On the exception to such charge sheet being taken, further investigation was directed. On further investigation, police submitted a supplementary charge sheet including the petitioner herein as an accused.

Petitioner before us is the brother-in-law of the de facto complainant.

In the conspectus of the facts as narrated above and particularly in view of the police filing charge sheet, 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 subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 and on 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. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 1081 of 2023 is disposed of.

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