Calcutta High CourtCRM/7578/2021allowed

Md Ajit @ Mohammad Ajij And ORS v. State Of West Bengal

2021-11-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

26.11.2021 Serial no.107 Aloke (Through Video Conference) Ct. No. 29 CRM 7578 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.11.2021 in connection with Chopra Police Station Case No. 417 of 2021 dated 05.07.2021 under Sections 498A/325/307/34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

-AndIn the matter of: Md Ajit @ Mohammad Ajij & Ors. ... Petitioners Ms. Priya Chakraborty, Advocate ... ... For the Petitioners Ms. Sonali Bhar, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the State draws the attention of the Court to the contents of the case diary. She submits that there is an eye witness implicating the petitioner no. 1 who assaulted the victim with iron rod. She draws the attention of the Court to the injury report.

Considering the materials in the case diary and considering the gravity of the offences and considering the complicity of the petitioner therein, we are not inclined to grant anticipatory bail to petitioner no. 1 (Md. Ajit @ Mohammad Ajij). However, we grant anticipatory bail to petitioner no. 2 to 4.

Accordingly, we direct that in the event of arrest, the petitioner no. 2 (Md. Jamal), petitioner no. 3 (Ajina Khatun) and petitioner no. 4 (Rahimuddin) shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 with a further condition that the petitioner no. 2 (Md. Jamal) and petitioner no. 4 (Rahimuddin) shall meet the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 3 (Ajina Khatun) shall cooperate

with the investigation and on further condition that the petitioner nos. 2 to 4 shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is partly allowed. CRM 7578 of 2021 is disposed of.

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