Safijuddin Ahammed And ORS. v. State Of West Bengal

16.05.2024 Court No.08 Item No. 14 Allowed ar CRM (A) 1743 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Raiganj Women Police Station Case No. 11 of 2024 dated 27.01.2024 corresponding to G.R Case No. 197 of 2024 under Sections 498A/307/34 of the Indian Penal Code, 1860. And In Re: Safijuddin Ahammed & Ors.

Petitioners Mr. Kunal Ganguly Mr. Kaustav Banerjee For the Petitioners Mr. Ashok Das For the State

1. The petitioners are all in-laws of the de-facto complainant.

2. Learned counsel for the petitioners submits that similar allegations were made earlier in which all the petitioners have been granted anticipatory bail. This time again a false complaint has been made against the petitioners.

3. Learned counsel for the State in opposing the prayer for anticipatory bail, has referred to the injury report.

4. Considering the materials available in the case diary and the fact that similar allegations were made earlier in which all the petitioners have been granted anticipatory bail and the husband of the de-facto complainant has been granted regular bail and also having regard to the fact that charge-sheet has already been filed, we are of the view that custodial interrogation of the petitioners is not necessary.

5. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.5,000/-each, with two registered sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner nos. 1. Safijuddin Ahammed, 2. Nur Islam, 4. Muskambar Ali and 6. Anisur Rahaman shall meet the Investigating Officer once in a week till the submission of the final report and shall not leave the territorial jurisdiction of district Uttar Dinajpur, till the submission of the final report except with the permission of the jurisdictional court.

6. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

7. CRM (A) 1743 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar , J)