Fazley Rahaman And ANR v. State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

20.08.2019 tkm/ct 1 C.R.M. 639 of 2019 sl no. 21 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 25.7.2019 in connection with Dinhata P.S case no.

of dated 12.4.2018 under sections 147/148/149/427/326/302 of the Indian Penal Code Allowed In Re : Fazley Rahaman & Anr.

...... petitioners Mr. S. K. Mandal ...... for the petitioners Mr. Arun Kr. Sarkar Mr. A. Sarkar ...... for the State Heard the learned advocates appearing for the respective parties.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioners in the alleged crime and as co-accused persons have been granted pre-arrest bail, we are inclined to grant anticipatory bail to the petitioners also. Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall report to the investigating officer at such time and place as may be specified by the concerned police officer and that the petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 639 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)