Bakul @ Nur Alam And ANR v. State Of West Bengal And ORS.

01.04.2022 Serial no. 31 [Dd] (Anticipatory Bail Allowed) CRM (A) 1519 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 21 of 2018 dated 18.01.2018 under Sections 448/325/376/511/506/34 of the Indian Penal Code corresponding G.R. Case No. 234 of 2018.

-AndIn the matter of : Bakul @ Nur Alam & Anr. ... ... Petitioners Mr. Majbur Ali Naskar, Md. Habibur Rahaman, Mr. Marghob Ahmed Salik Mr. Saba Perween, Advocates ... ... For the Petitioners Mr. Binay Kumar Panda, Mr. Subham Kanti Bhakat, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. The petitioners lodged a complaint against the husband of the de facto complaint for kidnapping his daughter. That police case ended in a charge sheet. Subsequent thereto, the present police complaint was lodged through the process under Section 156(3) of the Criminal Procedure Code. Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Section 161 and 164 of the Criminal Procedure Code.

Considering the fact that the petitioners being falsely implicated in the present police complainant cannot be ruled

out in its entirety and considering the fact that police filed charge sheet, we are inclined to 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/- (Rupees Ten Thousand Only) 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 appear every day 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.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1519 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)