Calcutta High CourtCRM/7222/2020allowed

Sk.Dilbar Hossain @ Shaik Dilber Hossain v. State Of West Bengal And ORS.

2020-09-25Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

25.09.2020.

49.

as (Allowed).

C.R.M. 7222 of 2020 With C.R.A.N.1 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.779 of 2020 dated 05.09.2020 under Sections 376/379/506 of the Indian Penal Court. In the matter of : Sk. Dilbar Hossain @ Shaik Dilber Hossain. ... Petitioner.

Mr. A. Chakraborty, Mr. A. Sarkar.

...for the Petitioner.

Ms. Sukanya Bhattacharyya, Md. Kutubuddin.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conference.

Accordingly, the application, being CRAN 1 of 2020, is disposed of.

It is submitted on behalf of the petitioner that there is inordinate delay in lodging the first information report. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission relating to delay in lodging the first information report and as the purported explanation does not appear to be convincing, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner, viz., Sk. Dilbar Hossain @ Shaik Dilber Hossain shall be released on bail upon furnishing a bond of Rs.10,000/-, 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.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Kausik Chanda,J.) (Joymalya Bagchi, J.)