Motiur Rahaman@ Matibur Rahaman v. State Of West Bengal
15.09.2021 Serial no. 81 Dd (Through Video Conference) CRM 5934 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.08.2021 in connection with Chakulia Police Station Case No. 340 of 2020 dated 12.11.2020 under Sections 498(A)/302/34 of the Indian Penal Code, (Corresponding to G.R. No. 2977 of 2020) -andIn the matter of : Motiur Rahaman @ Matibur Rahaman
...Petitioner
Mr. Shaharayar Alam, advocate ... ... For the Petitioner Ms. Faria Hossain, Ms. Baisali Basu, advocates ... ...For the State Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner is a distant relation of the victim. The petitioner was falsely implicated. Out of 8 accused, 4 were granted anticipatory bail by the jurisdictional court. He submits that the petitioner is on the same footing as the persons, granted anticipatory bail. Learned advocate appearing for the State draws the attention of the Court to the Postmortem Report and the statements recorded under Section 161 of the Cr.P.C. Considering the fact that the police submitted charge sheet and the facts and circumstances of the case, 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, 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 on further condition that Petitioner shall appear before the Court below and pray for regular bail within four weeks from date. Petitioner shall also appear before the jurisdictional court on every date fixed for hearing until further order.
The prayer for anticipatory bail is, thus, allowed. CRM 5934 of 2021 is disposed of.
(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)