Ashimul Hoque And ANR v. The State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Circuit Bench at Jalpaiguri 27.02.2023.

124.

as (Allowed).

C.R.M. (A) 63 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Falakata P. S. Case No.612 of 2019 dated 25.10.2019 under Sections 363/365 of the Indian Penal Code.

In the matter of : Ashimul Hoque & Anr.

... Petitioners.

Ms. Esha Acharya, Mr. Soumyadeep Ghosh.

...for the Petitioners.

Mr. Abhijit Sarkar, Ms. Namrata Das.

.....for the State.

We are informed parties have got married.

In view of the aforesaid development, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest the petitioners viz., Ashimul Hoque and Haq Mophajjal @ Mofajjal Hoque shall be released on bail upon furnishing a bond of Rs.10,000/- each 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 further condition

that the petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Subhendu Samanta, J.) (Joymalya Bagchi, J.)