Islam Sk v. State Of West Bengal

10.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2086 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 1191 of 2021 dated 11.12.2021 under Sections 448/376/511 of the Indian Penal Code, 1860.

And In Re : Islam Sk ...... petitioner Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ....for the petitioner Mr. S. G. Mukherjee, learned Public Prosecutor Mr. Subhashree Patel ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the incident arose out of attempt to recover money lent and advanced.

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.). Considering the materials in the case diary and considering the 164 Cr.P.C. statement of the victim, 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 once in a fortnight till the conclusion of the investigation 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.)