Ajad Khan v. State Of West Bengal

06.02.2020 Court No.28 Sl No.52 AP CRM 1275 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.02.2020 in connection with Matigara P.S. Case No.825/2019 dated 02.10.2019 under Sections 420/468/471/506/120B of the Indian Penal Code. And In Re: Ajad Khan ... ... Petitioner.

Mr. Sayan De, Miss. Srimoyee Mukherjee ... for the petitioner.

Mr. Madhusudan Sur, Ld. A.P.P., Mr. Manoranjan Mahata ... ... for the State.

It is submitted on behalf of the petitioner that he is not the principal accused and has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner was one of the conspirators and had assisted the principal accused by manufacturing fake identity card in the name of a deceased person. We have considered the materials on record. We note that relevant documents relating to the offence are in the control and custody of the investigating agency. In view of the aforesaid facts and keeping in mind the extent of complicity of the petitioner in the alleged crime, we are inclined to grant anticipatory bail to the petitioner.

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 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 meet the investigating officer once in a week until further orders. Petitioner shall appear before the investigating officer and hand over his passport, if any, within a fortnight from date. In the event the petitioner does not have a passport, he shall personally appear before the investigating officer and furnish an affidavit to that effect within the time frame mentioned herein above.

The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)