Minjarul Baradi v. State Of West Bengal

06.12.2022 Serial no. 23 [Dd] (Anticipatory bail) Allowed) CRM (A) 5667 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 1035 of 2022 dated 20.11.2022 under Sections 448/376/323/325/354/506/34 of the Indian Penal Code.

-AndIn the matter of : Minjarul Baradi ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Navanil De, Advocate ... ...For the State The petitioner was kidnapped. There is a police complaint dated November 20, 2022 with regard thereto. Thereafter, the present police complaint was lodged. The present police complaint is at the behest of the relative against whom, the petitioner lodged the earlier police complaint with regard to kidnapping.

In such circumstances, there is an issue of the petitioner being falsely implicated.

We, therefore, deem it appropriate 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 further condition that the petitioner shall report before the

Investigating Officer once in a month 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) 5667 of 2022 is disposed of.

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