Asraful Hoque v. The State Of West Bengal

31.01.2022 Serial no. 01 Dd CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI (Through Video Conference) CRM(A) 68 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mekhliganj Police Station Case No. 82 of 2018 dated 20.03.2018 under Sections 420/406/409/468 IPC corresponding to G.R. Case No. 146 of 2018.

-AndIn the matter of : Asraful Hoque ... Petitioner Mr. Joydeep Kanta Bhowmik, Advocate ... ... For the Petitioner Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the police submitted charge sheet. He draws the attention of the Court to the order dated September 16, 2021 where the jurisdictional Court recorded that the police did not arrest any of the accused who are residents of Mekhliganj police station. In fact, the police did not make any attempt to arrest them.

None appears for the State.

In view of the fact that police submitted charge sheet and in view of the recording in the order dated September 16, 2021 of the jurisdictional Court, we are inclined to grant 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/- (Rupees Ten Thousand Only), 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 and on further condition that the petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing.

Prayer for anticipatory bail is allowed.

CRM(A) 68 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)