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Calcutta High CourtCRM/43/2020disposed

Kamal Hossain @ Kamal Haque v. State Of West Bengal

2020-01-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Suvra Ghosh2 pages

13.01.2020.

67.

as (Allowed).

C.R.M. 353 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 07.01.2020 in connection with Malbazar P. S. Case No.434 of 2019 dated 12.12.2019 under Sections 447/341/376/511/379/427 of the Indian Penal Code. In the matter of : Kamal Hossain @ nKamal Haque. ... Petitioner.

Mr. Sudip Guha.

.....for the Petitioner.

Mr. Narayan Prasad Agarwala.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted that on behalf of the petitioner that he has been falsely implicated in the instant case. There is 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 submissions made on behalf of the petitioner, we are inclined in granting anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner 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 and on condition that the petitioner shall appear before the trial court and pray for regular bail within four weeks from date. This application for anticipatory bail is, thus, disposed of. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)