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Calcutta High CourtCRM (A)/2959/2022allowed

Rajiya Kazi v. State Of West Bengal

2022-06-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.06.2022 Serial no.48 Aloke CRM (A) 2959 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bauria Police Station Case No. 19 of 2022 dated 13.02.2022 under Sections 344/354/506/376(3)/34 of the Indian Penal Code. -AndIn the matter of : Rajiya Kazi ... ... Petitioner Mr. Syed Shahid Imam, Advocate Mr. Sahil Khan, Advocate ... ... For the Petitioner Mr. Madhusudan Sur, ld. APP Mr. Manoranjan Mahata, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the principal accused is in custody. The father of the principal accused was granted bail by this Court. He submits that the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned Advocate appearing for the State draws the attention to the materials in the case diary. Considering the fact that the police filed charge-sheet and considering the fact the principal accused is in custody and considering the fact that the father of the principal accuse was enlarged bail, 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 condition that the petitioner 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 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) 2959 of 2022 is disposed of.

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