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Calcutta High CourtCRM (A)/5142/2022allowed

Md Enamul Haq@Mahammad Anamul Haque@Enamul Mia And ORS v. State Of West Bengal

2022-11-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

10.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5142 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 92 of 2020 dated 07.03.2020 under Sections 304/34 of the Indian Penal Code, 1860.

And In Re : Md. Enamul Haq @ Mahammad Anamul Haque @ Enamul Mia & ors.

...... petitioners Mr. Kaushik Chaudhury Ms. Busra Khatun ....for the petitioners Mr. Neguive Ahmed Md. Anwar Hossain ....for the State On conclusion of investigations, the police filed chargesheet. The petitioners approached the jurisdictional Court and obtained bail. Further investigations were conducted and two further charge-sheets were submitted. The final charge-sheet is, inter alia, under Section 304B/34 of the Indian Penal Code, 1860 read with Section 135 of the Electricity Act. In such circumstances, we grant anticipatory bail to the petitioners.

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 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 petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)