Md Golam Mustafa v. State Of West Bengal

31.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1379 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Duttapukur Police Station Case No. 74 of 2023 dated 18.01.2023 under Sections 341/323/354/406/506/509/34 of the Indian Penal Code, 1860.

And In Re : Md. Golam Mustafa ...... petitioner Md. Yunus Mondal Mr. Pronojit Roy ....for the petitioner Ms. Faria Hossain Ms. Baisali Basu ....for the State There is no injury report in the case diary.

There is a statement recorded under Section 164 of the Code of Criminal Procedure suggesting that there is an incident of assault.

In such circumstances, 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 further condition that the petitioner shall meet the Investigating Officer as and when

called for till the conclusion of the investigation and on 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)