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Calcutta High CourtCRM/7679/2020allowed

Sabbir Ali And ORS v. State Of West Bengal

2020-10-14Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Bibek Chaudhuri2 pages

14.10.2020 Item No. 30 k.b./b.r.

A. allowed Crt.12 C.R.M. 7679 of 2020 (via video conferencing) with CRAN 1 of 2020 In Re:- An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhaktinagar P.S. Case No. 152 of 2020 dated 20.02.2020 under Sections 498(A)/304B of the Indian Penal Code, 1860. And In Re : Sabbir Ali & Ors. ...... petitioners Mr. Sudip Guha .....for the petitioners.

Mr. Aditi Sankar Chakraborty ....for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.

The application bearing CRAN No. 1 of 2020 is disposed of.

Having heard the learned advocate on record for the petitioner and the learned Public Prosecutor- in-Charge and on perusal of the materials on record, we are not inclined to grant anticipatory bail to the petitioner No.1, Sabbir Ali because there is sufficient material against the petitioner No.1. However, petitioner Nos. 2 and 3 are entitled to be released on anticipatory bail.

In the event of arrest, the petitioner No.2, Lilufa Yeasmin and petitioner No.3, Samin Ali @ Samin Akhtar be granted anticipatory bail of Rs.10,000(Rupees Ten Thousand only) each with one surety of like amount to the satisfaction of the arresting officer with further condition that they will comply with the provision of Section 438(2) of the Code of Criminal Procedure and will meet the Investigating Officer once in a fortnight until further order. During the period of anticipatory bail the petitioner No.3 (Samin Ali @ Samin Akhtar) shall meet the Investigating Officer once in a fortnight. The petitioners are also directed to submit residential address by an affidavit to the Investigating Officer on the first date of their visit.

The application for anticipatory bail is, thus, allowed. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Bibek Chaudhuri, J.) (Subrata Talukdar, J.)