Azazul Haque v. State Of West Bengal

29.06.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2994 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ultadanga Police Station Case No. 24 of 2022 dated 12.03.2022 under Sections 143/147/148/149/353/332/283/ 504/506 of the Indian Penal Code, 1860.

And In Re : Azazul Haque ...... petitioner Mr. Pawan Gupta Ms. Farnaz Nasim ....for the petitioner Mr. Rudradipta Nandy Ms. Sonali Das ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner is an employee of a nationalised bank. All other co-accuseds were granted bail on the date of their surrender. The petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.). He submits that, the petitioner is the master mind of the incident. Considering the materials in the case diary and considering the fact that other co-accuseds were enlarged on

bail by the Jurisdictional Court on the date of their surrender, we 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/-, 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 meet the Investigating Officer once a month till the conclusion of the investigation 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)