Md. Kudrutul Abedin And ANR. v. State Of West Bengal

C.R.M. (A) 4995 of 2023 24.01.2024 DL.40 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Memari Police Station Case No.271 of 2023 dated 02.04.2023 under Sections 420/467/468/471/472/406/120B of the Indian Penal Code, 1860 (G.R. Case No.1772 of 2023). And In the matter of: Md Kudrutul Abedin & Ors.

....petitioners.

Mr. Malay Bhattacharyya ...for the petitioners.

Mr. P.K. Datta Mr. P. Ganguly ... for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. There is a suit pending with regard to the management of a Teachers' Training College. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that there are materials in the case diary which implicates the petitioners in issuance of forged money receipts and user of seal of the college unauthorizedly.

There is a civil suit pending between the private parties. Civil Suit relates to the management of the College. The issue of false implication remains.

In such circumstances, we deem it appropriate to 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/- (Rupees Ten Thousand Only) 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 condition that the petitioners will report before the Investigating Officer once a month till the conclusion of the investigation 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. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4995 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)