Sahidul Ansari @ Sahidul Islam And ORS v. State Of West Bengal

C.R.M. (A) 1982 of 2022 29.04.2022 Sl. 38 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Amdanga Police Station Case No. 29 of 2022 dated 25.01.2022 under Sections 323/325/376/511/448/34 of the Indian Penal Code.

And In the matter of: Sahidul Ansari @ Sahidul Islam & Ors. ....petitioners.

Mr. Susnigdho Bhattacharyya ...for the petitioners.

Mr. Sujan Chatterjee ...for the State.

Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that there is a long-standing dispute with regard to an immovable property between the family of the defacto complainant and the present petitioners. The petitioners were falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. The victim refused to undergo medical test.

Considering the materials in the case diary and the statement of the victim recorded under Section 164 of the Criminal Procedure Code and considering the gravity of the offence and the involvement of the petitioners therein, we enlarge the petitioners on anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 petitioners will report before the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

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

C.R.M. (A) 1982 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)