Manowar Hossain@Monoyar Hossain@Manoyar Hossain v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 24.04.2024 AT JALPAIGURI Court No.01 Item No. 03 Allowed KC CRM (A) 321 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Samuktala Police Station Case No. 03 of 2024 dated 03.01.2024 under Sections 498A/307 of the Indian Penal Code, 1860. And In Re: Manowar Hossain @ Monoyar Hossain @ Manoyar Hossain Petitioner Mr. Arijit Ghosh For the Petitioners Mr. Ujjwal Luksom Mr. Tapan Bhattacharjee For the State

1. It is submitted on behalf of the petitioner that, considering the fact that investigation has already been completed, the instant application for anticipatory bail may be considered favourably.

2. Learned counsel for the State opposes the prayer for anticipatory bail but he candidly admits that investigation has already been completed.

3. Such being the position, we are of the considered view that no further custodial interrogation of the present accused petitioner is necessary specially when the other co-accused persons were enlarged on bail in the meantime.

4. In view of such, we are inclined to grant anticipatory bail to the present accused petitioner.

5. Accordingly, we direct that in the event of arrest, the petitioner viz. Manowar Hossain @ Monoyar Hossain @ Manoyar Hossain shall be released on bail upon furnishing a bond of Rs.10,000/-, with two

registered sureties of like amount each, and the petitioner shall appear before the learned Chief Judicial Magistrate, Alipurduar in connection with G.R. Case No. 20 of 2024 on each and every date of hearing. It is further directed that the present accused petitioner shall appear before the learned Trial Court within a fortnight from the date of passing of this order.

7. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

8. CRM (A) 321 of 2024 is, thus, disposed of.

9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)