Abdul Mabood Khan v. State Of West Bengal

03.11.2020 SL No.31 Saswata CRM 8605 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with NSCBI Airport P.S. Case No.

74/2019 dated 22.08.2019 under Sections 419/420/465/468/471 of the Indian Penal Code and under Sections 14A(b)/14B/14C And In the matter of: Abdul Mabood Khan ....Petitioner.

Mr. Sourav Chatterjee Mr. Soumya Nag ...for the Petitioner.

Mr. Sudip Ghosh Mr. Apurba Kr. Datta ...for the State.

The petitioner claims that merely because the principal accused, a foreign national used the petitioner's address in his passport application form, the petitioner has been proceeded against by the investigating agency.

The petitioner claims to have had no truck with the arrested foreign national.

The charge-sheet has been filed. The only connection of the petitioner with the case is that the petitioner's address is indicated in the passport application form, but the papers relied upon by the State do not reveal any signature of the petitioner or any person on behalf of the petitioner.

Considering the tenuous connection of the petitioner with principal accused, the custodial interrogation of the petitioner may not be necessary. In any event, charge-sheet has already been filed

and the petitioner is entitled to anticipatory bail, but on certain conditions.

Accordingly, in the event of arrest, the petitioner will be enlarged on bail on furnishing a security of Rs.20,000/- (Rupees ten thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also comply with the conditions laid down under Section 438(2) of the Code. The petitioner will not leave the State without the previous permission of the trial Court. The petitioner will not make any attempt to leave the country without obtaining permission of the trial Court.

It is recorded that the petitioner has asserted that the petitioner's permanent place of residence is 155/H/11 Keshab Chandra Sen Street, Kolkata- 700009.

CRM 8605 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Arijit Banerjee, J.)