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Calcutta High CourtCRM (A)/1613/2022allowed

Islam Dafadar @ Noor v. State Of West Bengal And ORS.

2022-04-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 1613 of 2022 08.04.2022 Sl. 12 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Balagarah P.S. Case No. 222 of 2021 dated 09/08/2021 under Sections 406/420/419/465/468/471/447/323/354B/504/506/120B of the Indian Penal Code.

And In the matter of: Islam Dafadar @ Noor Islam Dafadar ....petitioner.

Mr. Pawan Kumar Gupta Mr. Shiladitya Barman ...for the petitioner.

Ms. S. S. Imam Mr. S. Kundu ...for the State..

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was a witness to a document which is the subject matter of a civil dispute between the husband and the wife. Now the petitioner is sought to be falsely implicated by the wife.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. Considering the gravity of the offence and the involvement of the petitioner therein, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the

petitioner will report as and when called for by the Investigating Officer till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1613 of 2022 is, thus disposed of.

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