Md Obaidullah And Others v. State Of West Bengal

21.12.2022 Serial no. 06 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 5805 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1109 of 2022 dated 29.09.2022 under Sections 498A/376/323/308/417/406/448/506/34 of the Indian Penal Code.

-AndIn the matter of : Md. Obaidullah & Ors. ... ... Petitioners Mr. Kalidas Saha, Advocate ... ... For the Petitioners Mr. Kalyan Kr. Chakraborty, Mr. Kashinath Bhattacharya, Mr. Ashok Halder, Advocates ... ...For the de facto complainant Mr. Bidyut Kr. Roy, Ms. Rita Datta, Advocates . ....for the State Petitioner no. 1 paid the maintenance directed by the jurisdictional Court.

Learned advocate appearing for the petitioners submits that henceforth, the petitioner no. 1 will be depositing the maintenance as quantified by the jurisdictional Court in the Bank Account of the de facto complainant in accordance with the order of the jurisdictional Court.

The materials in the case diary do not suggest requirement of custodial interrogation.

In such circumstances, we are inclined 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 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 nos. 1, 3, 5 and 7 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 2, 4 and 6 shall cooperate with the investigation till its completion and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 5805 of 2022 is disposed of.

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