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Calcutta High CourtCRM (A)/6059/2022allowed

Hasibul Sk @ Hakibul Sk And ORS v. State Of West Bengal

2023-01-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 6059 of 2022 03.01.2023 Sl.25 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar Police Station Case No.618 of 2022 dated 17.07.2022 under Sections 363/365/368/506/34 of the Indian Penal Code, 1860.

And In the matter of: Hasibul Sk. @ Hakibul Sk. & Ors. ....petitioners.

Mr. Rana Mukhopadhyay Mr. Rhiddiman Mukherjee ...for the petitioners.

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

Petitioners pray for anticipatory bail.

The police filed charge sheet.

The principal accused was arrested and enlarged on bail by the jurisdictional Court.

There is a statement of the victim recorded under Section 164 of the Code of Criminal Procedure which does not name any of the petitioners in the incident.

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/- (Rupees Ten Thousand Only) each, 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 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 6059 of 2022 is disposed of.

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