Haidar Ali And ORS. v. State Of West Bengal

18.04.2024 Item No.45 Ct. No. 29 CHC Allowed C.R.M.(A) 1226 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad Police Station Case No. 23 of 2024 dated 02.02.2024 under Sections 420/468/471/34 of the Indian Penal Code, pending before the Court of Learned Chief Judicial Magistrate, Uttar Dinajpur.

And In the matter of : Haidar Ali & ors.

...... petitioners Mr. Himanshu De, Mr. Navanil De, Mr. Srijan Ghosh ....for the petitioners Mr. Bibaswan Bhattacharya, Mr. Tapas Kumar Saha ....for the State Petitioners pray for anticipatory bail.

A Civil Suit was filed concerning the immovable property. Civil Suit was initially dismissed for default. Restoration application was dismissed for default. The last dismissal for default order is of 2009. Thereafter, the police complaint was lodged in respect of the self-same immovable property which was involved in the Civil Suit.

In such circumstances, we 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 18 th of April 2024 05:37:47 PM

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, namely, Haidar Ali and petitioner no.2, namely, Hakim Ali will report before the Investigating Officer once in a fortnight till the conclusion of investigation and petitioner no.3, namely, Maleka Khatun, petitioner no.4, namely, Kasmina Khatun @ Kashmina Khatun @ Kasmina Parvin, petitioner no.5, Manowara Khatun @ Manowara Begum @ Manoara Begum and petitioner no.6, namely, Husnara Khatun will cooperate with the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 1226 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)