Riyajul Ali @ Riyajul Hossain v. The State Of West Bengal

30.08.2024 Court No.29 Item No. 40 Allowed SM/MD CRM (A) 2990 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Gangarampur Police Station Case No. 271 of 2024 dated 01.06.2024 under Sections 498A/323/307/506/34 of the Indian Penal Code, 1973 read with Section 4 of the Dowry Prohibition Act(G.R. Case No. 568/2024) pending before the Court of learned Additional Chief Judicial Magistrate, Gangarampur at Buniadpur, Dakshin Dinajpur.

And In Re: Riyajul Ali @ Riyajul Hossain Petitioner Ms. Busra Khatoon For the Petitioner Ms. Sonali Das, Mr. Sandip Kundu For the State

1. Heard the learned Advocates for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the petitioner in the commission of the alleged offence and having regard to the fact that relationship between the parties and the nature of the injury which appears to be simple and also having regard to the fact that the charge-sheet has already been filed we are of the view that custodial interrogation is not necessary.

3. We, accordingly, direct that in the event of arrest, the petitioner, namely, Riyajul Ali @ Riyajul Hossain shall be released on bail upon furnishing a bond of Rs.10,000/-, with two registered sureties of like amount each, subject to the satisfaction of 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 Bharatiya Nagarik Suraksha Sanhita 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.

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.)