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Calcutta High CourtCRM (A)/4099/2022allowed

Golam Rabbani And ANR v. State Of West Bengal

2022-08-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De1 pages

26.08.2022 Serial no.26 Aloke CRM (A) 4099 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 308 of 2022 dated 10.06.2022 under Sections 306/34 of the Indian Penal Code and adding Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

-AndIn the matter of : Golam Rabbani & Anr.

... ... Petitioners Mr. Mazahar Hossain Chowdhury, Advocate Mr. M. Alam, Advocate ... ... For the Petitioners Mr. Avishek Sinha, Advocate ... ...For the State Petitioners seek anticipatory bail.

The claim of parity with the other co-accused who was granted anticipatory bail by the order dated August 11, 2022 passed in CRM (A) 3857 of 2022 is not being disputed on behalf of the State. In such circumstances, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner no. 1 will report before the Investigation Officer once in a month till the conclusion of the investigation and petitioner no. 2 will cooperate with the investigation till the conclusion of the investigation and on further condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4099 of 2022 is disposed of.

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