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Calcutta High CourtCRM (A)/5589/2023allowed

Mohammad Tarique And ORS. v. State Of West Bengal

2024-02-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.02.2024 512(ML) Ct. No. 29 S.D.

C.R.M.(A) 5589 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bantra Police Station Case No. 30 dated 13.02.2023 under Sections 498A/406/323/354A/354B/506/34/307 of the Indian Penal Code read with Section 3 and 4 of the Dowry Prohibition Act.

And In Re : Mohammad Tarique & Ors.

...... petitioners Mr. Sabir Ahmed Mr. Brijesh Giri Ms. Suman Biswas Ms. Tasmin Ahmed Mr. Dhiman Banerjee ...for the petitioners Mr. Ranabir Roy Chowdhury Mr. Amanul Islam ...for the State There is a previous proceeding in the State of Madhya Pradesh initiated at the behest of the defacto-complainant. Petitioners before us are not the residents of the State of West Bengal. Apparently, they are the residents of the State of Madhya Pradesh.

Considering the fact that the earlier police complaint lodged at the behest of the defacto-complainant does not allude to the allegations sought to be levelled in the present police case, 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/- 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. The petitioners shall report before the Investigating Officer once a month till the conclusion of the investigation. 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)