Md Alauddin And ANR v. State Of West Bengal

C.R.M. (A) 2910 of 2023 22.08.2023 SL. 4 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hare Street Police Station Case No. 210 dated 24.07.2022 under Sections 420/406/120B/506 IPC.

And In the matter of: Md. Alauddin & Anr.

....petitioners.

Md. Y. Mondal ...for the petitioners.

Mr. Saibal Bapuli, Ld. APP Mr. Soumik Ganguli ...for the State.

1. Heard learned Counsel for the parties.

2. The informant is one of the persons who is alleged to have given some money for the land proposed to be transferred by the petitioners who are the owners of the land. An agreement to sale has also been executed between the parties. The dispute is purely civil in nature and we do not find any element of criminality as alleged in the FIR at least prima facie.

3. Regard being had to the facts and submission, factum of permanent residence of the petitioners, nature of allegation and substantial progress in investigation, it is directed that each of the petitioner shall be released on bail in the event of their arrest by the Arresting Officer in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) the petitioners are directed to appear before the I.O. once in a fortnight on the day and time fixed by the I.O. for

the purpose of investigation till submissions of F.F.;

4. The petitioners are directed to appear before the I.O. within 21 days from today along with a server copy or certified copy of this order.

5. Accordingly, the prayer for the anticipatory bail is allowed.

6. The application being CRM (A) 2910 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)