Jahangir Alam v. State Of West Bengal

12.04.2022 Serial no. 11 [Dd] (Anticipatory bail Allowed) CRM (A) 1665 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 435 of 2021 dated 27.08.2021 under Sections 498A/494/325/436/506/376/511/34 of Indian Penal Code subsequently Charge Sheet being no. 49/2022 dated 31.01.2022 under Sections 498A /494 /323 /376 / 511 /506/34 of the Indian Penal Code against 6 accused persons including the petitioner.

-AndIn the matter of : Jahangir Alam ... ... Petitioner Mr. Kausik Biswas, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Mrs. Sutapa Banerjee, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appealing for the petitioner submits that the petitioner was falsely implicated. The husband is in custody. The police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the statements of the victim recorded under Sections 161 and 164 of the Criminal Procedure Code.

Considering the fact that police filed charge sheet and considering the fact that husband is in custody, 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 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1665 of 2022 is disposed of.

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