Akm Habibur Rahaman v. State Of West Bengal

06.10.2020 tkm C.R.M. 7498 of 2020 sl no. 29 CRAN 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 Mothabari P.S case no. 8 of 2020 dated 5.1.2020 under sections 323/354/506/509/34 of the Indian Penal Code And Allowed In Re : A K M Habibur Rahaman & Anr.

...... petitioners Mr. A K Bhowmick ...... for the petitioner Mr. P K Datta Mr. S Deb Roy ...... for the State Petitioners undertake 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 conferencing. Accordingly, the application being CRAN 1 of 2020 is disposed of.

Having considered materials on record and bearing in mind the nature of allegations in the light of the submission that there is inordinate delay in lodging FIR, 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/- 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 application being CRM 7498 of 2020 is disposed of. (Aniruddha Roy, J.) (Joymalya Bagchi, J.)