Asif Ali Khan @ Ashek Ali Khan v. State Of West Bengal

26.08.2022 Serial no. 21 [Dd] (Anticipatory bail) Allowed) CRM (A) 4092 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Barjora Police Station Case No. 104 of 2022 dated 10.06.2022 under Sections 379/411/413/414/120B of the Indian Penal Code. -AndIn the matter of : Asif Ali Khan @ Ashek Ali Khan ... ... Petitioner Mr. Soumik Ganguli, Advocate ... ... For the Petitioner Mr. Neguive Ahmed, ld APP Ms. Ayantika Ray, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner deals with iron scrap. The petitioner was falsely implicated.

Learned Additional Public Prosecutor draws the attention of the Court to the materials in the case diary. He submits that about 7 tonnes of iron scrap were recovered from the property belonging to the petitioner without any documents.

No person lodged any police complaint with regard to the theft of any iron scrap.

In such circumstances, 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

also be 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 report before the Investigating Officer as and when called for till the conclusion of the investigation and on further condition 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 the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4092 of 2022 is disposed of.

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