Amir Mia @ Amir Ali v. State Of West Bengal

C.R.M. 8797 of 2021 (Via Video Conference) (AD) 23.12.2021 Court No.29 ( Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No. 345 of 2021 dated 20/05/2021 under Sections 448/323/325/326/307/354/376/511/436/379/506/34 of the Indian Penal Code.

And In the matter of: Amir Mia @ Amir Ali ....petitioner.

Mr. Kaustav Bagchi Mr. A. Sarkar Mr. Debayan Ghosh ...for the petitioner.

Mr. Narayan Prasad Agarwala Mr. Pratick Bose ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that three police complaints are out of a same incident. The first one was lodged by the petitioner. Thereafter, two other complaints were lodged against the petitioner in respect of the same incident. In one of the two latter complaints, the petitioner was granted anticipatory bail.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure and the contents in the case diary.

Considering the nature of incident and the complicity of the petitioner therein and considering the fact that there are property disputes between the private parties and considering

the fact that three police complaints are proceeding in respect of the same incident and in one of them the petitioner is on anticipatory bail and considering the fact that the police submitted charge sheet, we 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/- with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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 jurisdictional Court on the dates fixed for trial and pray for regular bail within four weeks from date.

The application for anticipatory bail being C.R.M. 8797 of 2021 is, thus, disposed of.

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