Nazimul Islam And ORS v. State Of West Bengal
30.09.2022.
68.
AD/KC (Allowed).
C.R.M. (A) 4819 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Barasat P. S. Case No.255 of 2022 dated 19.04.2022 under Sections 341/509/323/325/308/313/354/427/506/34 of the Indian Penal Code, 1860.
In the matter of : Nazimul Islam & Ors.
... Petitioners.
Mr. Susnigdho Bhattacharyya ...for the Petitioners.
Mr. Shiladitya Banerjee ... for the State.
We have considered the materials on record.
Petitioners are not the principal accused. Principal accused who assaulted the victim lady resulting in miscarriage is in custody.
Under such circumstances, keeping in mind the extent of complicity of the petitioners in the alleged crime, we are inclined to grant anticipatory bail to them.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.
(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)