Sahid Anowar @ Sahid Alam v. State Of West Bengal
02.01.2024 Item No.33 Ct. No. 29 CHC Allowed C.R.M.(A) 4242 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kushmandi Police Station Case No. 99 of 2023 dated 29.04.2023 under Sections 306/506 of the Indian Penal Code.
And In the matter of : Sahid Anowar @ Sahid Alam ...... petitioner Mr. Asim Kumar Chakraborti ....for the petitioner Mr. Shiladitya Banerjee ....for the State The Post Mortem Report of the victim suggests that, the victim committed suicide.
The victim did not leave behind any suicide note. Apparently, the victim and the petitioner were in a relationship.
Both the victim and the petitioner before us are adults. Petitioner was enlarged on interim anticipatory bail by the order dated October 16, 2023 by the co-ordinate Bench. It is submitted at the bar that, such order was passed without considering the materials in the Case Diary and in view of the ensuing Puja Vacation.
In view of the materials in the Case Diary which we noted above, we confirm the interim anticipatory bail granted on October 16, 2023.
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 will report before the Investigating Officer once in a month till the conclusion of investigation and on 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. This application for anticipatory bail is, thus, allowed. CRM(A) 4242 of 2023 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)