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Calcutta High CourtCRM (A)/2795/2024allowed

Amirul Islam @ Aminul Islam v. The State Of West Bengal

2024-08-27Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

27.08.2024 Court No.29 Item No.06 Allowed ar CRM (A) 2795 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with South Port Police Station Case No. 38 of 2022 dated 04.03.2022 corresponding to G.R Case No. 607 of 2022 under Sections 420/470/34 of the Indian Penal Code. In Re: Amirul Islam @ Aminul Islam Petitioner Mr. Amitava Karmakar Mr. Ziaul Haque For the Petitioner Mr. Partha Pratim Das Mr. Subhasish Datta For the State

1. Heard the learned counsel appearing for the parties.

2. Considering the materials available in the case diary, the report filed by the Investigating Officer wherefrom it appears that the petitioner and Rubin Sk have cooperated with the investigation and having regard to the alleged offence, we are of the view that custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioner, namely, Amirul Islam @ Aminul Islam shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. The petitioner shall meet the I.O once in a week till the submission of the final report and on further condition that the petitioner Signed By :

AMITAVA ROY High Court of Calcutta 29 th of August 2024 10:21:36 AM

shall appear before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas, within two weeks from date. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Uday Kumar, J) Signed By :

AMITAVA ROY High Court of Calcutta 29 th of August 2024 10:21:36 AM