Sahabuddin Khan And ANR v. State Of West Bengal

18.05.2022 Serial no. 02 [Dd] (Anticipatory Bail Allowed) CRM (A) 2111 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bagdah Police Station Case No. 304 of 2022 dated 25.04.2022 under Sections 306/34 of the Indian Penal Code.

-AndIn the matter of : Sahabuddin Khan & Anr. ... ... Petitioners Mr. Susnigdho Bhattacharyya, Advocate ... ... For the Petitioners Mr. Navanil De, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the victim committed suicide. The petitioners were falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary and to the suicide note.

Considering the materials in the case diary and considering the fact that victim committed suicide, we are inclined to grant anticipatory bail to the petitioners. 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 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 no. 1 shall report before the Investigating Officer once in a

fortnight till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further 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.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 2111 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)