Nani @ Selimur Rahaman v. State Of West Bengal

08.06.2022 tkm/ct 28 C.R.M. (A) 2407 of 2022 sl no. 111 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Barasat P.S case no. 973 of 2021 dated 26.12.2021 under sections 427/436/326/307/120B of the Indian Penal Code And Allowed In Re : Nani @ Selimur Rahaman ...... petitioner Mr. A Karmakar Mr. A K Bhowmick ...... for the petitioner Mr. Debabrata Chattaerjee Mr. Santanu Chatterjee ...... for the State It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. He was not present at the place of occurrence.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered materials on record. There is no clear evidence that the petitioner was present at the time when the coaccused wife had attempted to set her husband i.e the victim on fire.

Keeping in mind the extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to him. 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.

Petitioner shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2407 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)