Md Meshmul Hoque@Meshmul Ali v. State Of West Bengal

21.09.2022 Serial no. 17 [Dd] (Anticipatory bail) Allowed) CRM (A) 4500 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hemtabad Police Station Case No. 196 of 2022 dated 10.06.2022 under Sections 341/323/326/307/354/34 of the Indian Penal Code (Corresponding to G.R. Case No. 1571 of 2022) -AndIn the matter of : Md Meshmul Hoque @ Meshmul Ali ... ... Petitioner Mr. Shaharayar Alam, Advocate ... ... For the Petitioner Mr. Joydeep Roy, Jr. Govt. Adv.

Mr. Amanul Islam, Advocate ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 164 of the Criminal Procedure Code.

Apparently the victim did not suffer any grievous hurt. There is a statement recorded under Section 164 of the Criminal Procedure Code.

The issue of false implication cannot be overlooked at this stage.

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 once in a fortnight 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) 4500 of 2022 is disposed of.

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