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Calcutta High CourtCRM/5196/2021allowed

Abdul Wahid v. State Of West Bengal

2021-11-18Hon'Ble Justice Shivakant Prasad,Honble Justice Ananda Kumar Mukherjee2 pages

18.11.2021 Serial no. 65 Dd/aloke (Through Video Conference) CRM 5196 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Asansol South Police Station Case No. 06 of 2021 dated 03.01.2021 under Sections 465 /467 /468 /471 /420 / 406/506/120B/34 of the Indian Penal Cod, 1860. -AndIn the matter of : Abdul Wahid ... Petitioner Mr. Koustav Bagchi, Mr. Debayan Ghosh, Advocates ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Manoranjan Mahata, Advocates ... ...For the State Petitioner is apprehending arrest in connection with Asansol South Police Station Case No. 06 of 2021 dated 03.01.2021 which has been instituted on the basis of a complaint under Section 156(3) of the Cr.P.C. The investigation of the case is completed and the police have submitted charge sheet. The custodial interrogation of the petitioner is not necessary at this stage as the investigation had already been completed.

Upon hearing the learned advocates for the parties and considering the case diary and the nature of the offence alleged, 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 anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each one of whom

must be local to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and subject to the condition that the petitioner who is now willing to refund the amount of Rs.17,500/- to the de facto complainant shall pay the said amount either directly or with the trial Court in favour of the de facto complainant.

Prayer for anticipatory bail is allowed.

CRM 5196 of 2021 is disposed of.

(Shivakant Prasad, J.) (Ananda Kumar Mukherjee, J.)