Taimur Ali @ Taimur Haque v. State Of West Bengal
05.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2027 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad Police Station Case No. 26 of 2022 dated 13.01.2022 under Sections 498A/304B/34 of the Indian Penal Code, 1860.
And In Re : Taimur Ali @ Taimur Haque ...... petitioner Mr. Pronojit Roy ....for the petitioner Mr. Bidyut Kumar Roy Ms. Kumkum Mitra ....for the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that, two of the co-accused were granted bail by the Jurisdictional Court. The police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required.
Learned advocate appearing for the State submits that, the husband was arrested. There is a warrant of arrest as against the petitioner.
Considering the fact that the police filed charge-sheet and considering the fact that the husband was arrested and considering the gravity of the offence and the involvement of the
petitioner therein as transpiring from the materials in the case diary, 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.)