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Calcutta High CourtCRM (A)/1129/2023allowed

Abdul Aziz Biswas @ Raja Biswas v. State Of West Bengal

2023-03-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

20.03.2023 Serial no. 25 [Dd] (Anticipatory bail) Allowed) CRM (A) 1129 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No. 38 of 2023 dated 14.02.2023 under Sections 498A/304B/302/34 of the IPC. -AndIn the matter of : Abdul Aziz Biswas @ Raja Biswas ... ... Petitioner Ms. Minoti Gomes, Mr. Sourav Mukherjee, Advocates ... ... For the Petitioner Mr. Joydeep Roy, jr. govt. adv.

Mr. Amanul Islam, Advocates ... ...For the State The petitioner before us is the brother-in-law of the victim.

Apparently, the victim committed suicide.

The statement recorded under Section 164 of the Criminal Procedure Code available in the case diary apparently does not implicate the petitioner.

In such circumstances, 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) 1129 of 2023 is disposed of.

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