Abdul Bashar v. State Of West Bengal

22.09.2021 Item no.52.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 2926 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 23.03.2021 in connection with Hirapur Police Station Case No.69 of 2019 Dated 2.4.2019 under Sections 409/420/467/468/471/120B of the Indian Penal Code And In the matter of : Abdul Bashar ......Petitioner.

Mr. Surajit Basu, Md. Nauroz Rahber, Ms. Anjana Mehebub, Ms. M. Jawwad ......for the Petitioner.

Mr. Saibal Bapuli, ld. APP Mr. Arani Bhattacharya ......for the State.

Pursuant to our order dated 20.9.2021, the petitioner says that he has met the Investigating Officer and is cooperating with him.

Learned Advocate for the State, in his usual fairness, submits that the petitioner is indeed rendering cooperation in the investigation.

In view of the aforesaid and on an overall assessment of the nature of the charge and the possible extent of complicity of the petitioner in the alleged offence, we are of the view that immediate custodial interrogation of the petitioner may not be

necessary so long as he continues to cooperate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioner, namely Abdul Bashar shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders. In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.2926 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)