Abdul Barek v. State Of West Bengal

26.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1882 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No. 394 of 2021 dated 08.07.2021 under Sections 448/323/376/511 of the Indian Penal Code, 1860.

And In Re : Abdul Barek ...... petitioner Mr. Kaushik Chaudhury Ms. Busra Khatoon ....for the petitioner Mr. Sujan Chatterjee ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. 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 statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). he submits that, the victim refused medical.

Considering the fact that the police filed charge-sheet and considering the 164 Cr.P.C. statement of the victim and

considering the fact that the victim refused medical, 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/-, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)