Doma Ali @ Hafijul Islam v. The State Of West Bengal And ANR

13.11.2024 SG [ALLOWED] C. R. M. (A) 3886 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Harishchandrapur Police Station Case No. 856 of 2024 dated 28.09.2024 under Sections 329(4)/118(1)/74/64(1)62/351(2) of the Bharatiya Nyaya Sanhita, 2023.

And In Re: Doma Ali @ Hafijul Islam ... ... Petitioner Mr. A. Das, Mr. S. Pakrashy.

... ... for the petitioner Mr. Zubain Alam, Mr. Sourat Nandy.

... ... for the State 1.

Heard learned lawyers for the parties.

2.

We have considered the materials on record. We have also examined the statement of the victim. Petitioner contends he has been falsely implicated. No broken door was seized in the course of investigation to corroborate the allegation that petitioner made forcible entry.

3.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

4.

Accordingly, we direct that in the event of arrest, the petitioner viz., Doma Ali @ Hafijul Islam be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on further condition petitioner while on bail shall not enter Signed By :

SOURAV GHOSH High Court of Calcutta 15 th of November 2024 06:24:24 AM

Harishchandrapur Police Station and shall provide the address where he shall presently reside to the investigating agency as well as the jurisdictional court and shall report to the officer-incharge of the police station concerned within whose jurisdiction he shall presently reside once in a week until further orders. He shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 15 th of November 2024 06:24:24 AM