Najrul Islam @ Nazrul v. State Of West Bengal

30.06.2022 Serial no.22 Aloke CRM (A) 3089 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 288 of 2022 dated 25.03.2022 under Sections 448/376/511/506/34 of the Indian Penal Code. -AndIn the matter of : Najrul Islam @ Nazrul ... ... Petitioner Mr. S. Sarkar, Advocate Ms. Sabnam Laskar, Advocate ... ... For the Petitioner Mr. Bisyut Kr. Roy, Advocate Ms. Sima Biswas, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the present police complaint is a counter blast to an earlier police complaint. The dispute relates to an immovable property. Learned Advocate appearing for the State draws the attention to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

There is a previous police complaint lodged at the behest of the family members of the petitioner. The police complaint relates to the same incident as the present police complaint.

Considering the materials in the case diary and the gravity of the offence and the involvement of the petitioner therein and considering the fact that there is a previous police complaint, 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 meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear on every date 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) 3089 of 2022 is disposed of.

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