Calcutta High CourtCRM (A)/3917/2023allowed

Ashraful Haque v. State Of West Bengal

2023-09-25Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3917 of 2023 25.09.2023 SL. 21 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Harishchandrapur Police Station Case No. 707 of 2023 dated 15.07.2023 under Sections 379/411/413/414/120B of the IPC read with Section 11(a) of the Prevention of Cruelty to Animal Act.

And In the matter of: Ashraful Haque ....petitioner.

Ms. Priya Ghosal ...for the petitioner.

Mr. Sudip Ghosh Mr. Kaushik Kundu ...for the State.

1. Heard learned Counsel for both the parties.

2. This is a case of cattle smuggling. The name of the present petitioner transpires from the statement of the co-accused who have been apprehended and the petitioner is alleged to be the procurer of the cattle.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the conditions that:

i) The petitioner is directed to appear before the I.O. once in a week on the day and time fixed by the I.O.

for the purpose of investigation till submission of F.F.

ii) The petitioner shall not involve himself in similar

or any other offence during currency of this order. iii) The petitioner shall not leave the jurisdiction of the P.S. without obtaining prior leave from the I.O. during investigation.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3917 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)