Calcutta High CourtCRM/9970/2020allowed

Majibur Rahaman v. State Of West Bengal

2020-12-22Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

22.12.2020 Court No.28 SL No.91 AP CRM 9970 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karandighi P.S. Case No.348 of 2020 dated 14.07.2020 under Sections 448/341/323/ 325/326/307/354/427/506/34 of the Indian Penal Code. And In the matter of: Majibur Rahaman ....Petitioner.

Mr. Md. Habibur Rahman ...for the Petitioner.

Mr. S.S. Imam, Mr. Subrato Roy ...for the State.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner has criminal antecedents. We have considered the materials on record. Allegations are vague and omnibus. Injuries are not grievous. Under such circumstances, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail, but his movement requires to be restricted in order to maintain law and order in the locality.

Accordingly, we direct that in the event of arrest, the petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner while on bail shall not enter the jurisdiction of Karandighi Police Station until further orders except for the purposes of investigation and/or for attending the court proceedings and shall provide the address where the petitioner shall presently reside to the Investigating Agency as well as

the Court below and shall report to the Officer-in-Charge of the concerned police station within whose jurisdiction the petitioner shall presently reside once in a week until further orders. The application for anticipatory bail is, thus, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)