Enamul Haque@Enam@Anamul v. State Of West Bengal

09.11.2022 Serial no.64 Aloke CRM (A) 5131 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 866 of 2022 dated 19.09.2022 under Sections 448/376/511 of the Indian Penal Code. -AndIn the matter of : Enamul Haque @ Enam @ Anamul ... ... Petitioner Mr. Sagar Saha, Advocate ... ... For the Petitioner Mr. S.S. Imam, Advocate Mr. R. Jana, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police complaint is a result of disputes relating to partition of immovable property. Learned Advocate appearing for the State draws the attention to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure.

In the facts of the present case, the issue of false implication at this stage cannot be overlooked. 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 condition that the petitioner shall meet 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) 5131 of 2022 is disposed of.

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