Rabbani And ANR v. State Of West Bengal

12.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3310 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. 408 of 2022 dated 24.04.2022 under Sections 341/323/448/376/511/506/34 of the Indian Penal Code, 1860.

And In Re : Rabbani & Anr.

...... petitioners Md. Aslam Khan ....for the petitioners Md. Anwar Hossain Ms. Manisha Sharma ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). Considering the 164 Cr.P.C. statement of the victim, the gravity of the offence and the involvement of the petitioners therein, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)