Rafiuddin Miah v. State Of West Bengal

14.09.2022 Serial no. 35 [Dd] (Anticipatory bail) Allowed) CRM (A) 4408 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. 402 of 2022 dated 06.08.2022 under Sections 341/323/307/354/34 of the Indian Penal Code. (Corresponding to G.R. Case no. 881 of 2022) -AndIn the matter of : Rafiuddin Miah ... ... Petitioner Mr. Kaushik Chowdhury, Ms. Busra Khatoon, Advocates ... ... For the Petitioner Md. Anwar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State Injury report of the victim suggests that the victim suffered simple injury.

Considering the gravity of the offence and the involvement of the petitioner therein, 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 once in a month 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) 4408 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)