Khusirul Sk v. State Of West Bengal

02.05.2023 Serial no. 07 [Dd] (Anticipatory bail) (Allowed) CRM (A) 1765 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bharatpur Police Station Case No. 199 of 2017 dated 01.06.2017 under Sections 448/376/323/379/34 of the IPC.

-AndIn the matter of : Khusirul Sk.

... ... Petitioner Mr. Manas Kr. Das, Mr. Aritra Kr. Thokdar, Advocates ... ... For the Petitioner Md. Anwar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State Petitioner produces his passport in Court to contend that he was not present in the place of occurrence at the relevant point of time. In fact he was out of Indian from 2016 till February 2023.

The passport produced in Court suggests that the petitioner left the country on December 10, 2016 and returned on February 11, 2023. The date of incident is on December 20, 2016.

In such circumstances, considering the fact that the petitioner was not in the country and considering the materials in the case diary, we are inclined to 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/- (Rupees Ten Thousand Only), 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 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1765 of 2023 is disposed of.

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