Hyder Bepari @ Hydar Ali v. The State Of West Bengal

01.03.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.36 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 158 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.02.2023 in connection with Tufanganj Police Station Case No. 956 of 2022 dated 17.11.2022 under Sections 363/365/109 of the Indian Penal Code.

And In Re: Hyder Bepari @ Hydar Ali ... Petitioner Mr. Hillol Saha Podder ... for the petitioner Mr. Ujjwal Luksom Ms. Namrata Das ... for the State It is submitted on behalf of the petitioner that there was a love affair between the parties. Victim has been recovered. Learned Advocate for the State opposes the prayer for bail. We have considered the materials on record. Allegation of kidnapping requires to be assessed in the light of the aforesaid submission made on behalf of the petitioner. That apart, victim has already been recovered. Under such circumstances, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Hyder Bepari @ Hydar Ali, be released on bail upon furnishing a bond of Rs.

that the petitioner shall appear before the court below and pray for regular bail within four weeks from date.

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