Aktar Ali @ Aktar Ali Sk v. The State Of West Bengal And ANR

12.7.2024 SL No.7 Ct No. 29 SB CRM (A) 2020 of 2024 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliganj Police Station Case No. 137 of 2024 dated 10.02.2024 under Sections 498A/376 of Indian Penal Code.

And Aktar Ali @ Aktar Ali Sk.

Vs.

The State of West Bengal & Anr.

Mr. Joy Chakraborty Mr. Sandip Dinda ... for the petitioner.

Mr. Manoranjan Mahata ... for the State Mr. Navanil De ... for the de facto complainant 1.

Heard the learned advocates for the parties including the learned counsel appearing for the de facto complainant. 2.

Considering the materials available in the case diary, the nature of extent in the involvement of the petitioner in the commission of the alleged offence and the statement of the victim recorded under Section 161 of the Code of Criminal Procedure and also the fact that the complaint was lodged after 17 days of the incident and medical examination was refused, we are of the opinion that custodial interrogation of the petitioner is not necessary. 3.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The petitioner shall meet the Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 15 th of July 2024 11:04:44 AM

Investigating Officer of the case once in week or as and when required and shall not leave the jurisdiction of the Kaliganj Police Station without the permission of the Investigating Officer till the submission of the final report.

4. It is further directed that the present petitioner shall appear before the learned Chief Judicial Magistrate, Nadia, Krishnanager within two weeks from date and pray for regular bail. 5.

It is further directed 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 presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

6.

Accordingly, the application for anticipatory bail is disposed of. 7.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Uday Kumar, J.) (Soumen Sen, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 15 th of July 2024 11:04:44 AM