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Calcutta High CourtCRM/7459/2021allowed

Ayub Ali Khan v. State Of West Bengal

2021-11-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

23.11.2021 Serial no. 50 Dd (Through Video Conference) CRM 7459 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No. 177 of 2021 dated 01.10.2021 under Sections 376D/448 of the Indian Penal Code.

- AndIn the matter of : Ayub Ali Khan ... Petitioner Mr. Kaustav Bagchi, Mr. Amanul Islam Mr. Sourav Mukherjee, Mr. Debayan Ghosh, Advocates ... ... For the Petitioner Mr. Suman De, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Criminal Procedure Code and the injury report.

Considering the materials in the case diary and considering the statements recorded under Section 164 of the Criminal Procedure Code and the injury report, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioner shall meet the Investigating Officer once in a month till the completion of the investigation.

Prayer for anticipatory bail is allowed.

CRM 7459 of 2021 is disposed of.

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