Jamiul Hoque @ Jamiul Haque v. The State Of West Bengal

14.6.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.50 Circuit Bench at Jalpaiguri ar [ALLOWED] CRM (A) 389 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pundibari Police Station Case No.

of dated 09.01.2023 under Sections 447/323/324/325/307/354/506/34 of the Indian Penal Code, 1860. And In Re: Jamiul Hoque @ Jamiul Haque ... ... Petitioner Ms. Mousumi Das ... ... for the petitioner Mr. Tapan Bhattacharjee Mr. Sukanya Adhikary ... ... for the State Heard the learned Advocates appearing for both the parties. Learned counsel appearing for the petitioner submits that the petitioner is innocent and he has been falsely implicated. Learned counsel appearing for the State in opposing the prayer for anticipatory bail has submitted that the petitioner inflicted injury upon the husband of the de-facto complainant. Having considered the materials available in the case diary and the nature of injury sustained by the husband of the de-facto complainant and the complicity of the petitioner in the alleged offence, we are of the view that the 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 be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one of whom must be local, 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 petitioner shall meet the Investigating Officer once in a week till the charge-sheet is filed and co-operate with the investigation and on further condition that the petitioner shall not leave the jurisdiction without the permission of the jurisdictional court and shall surrender before the court below within four weeks from date and pray for regular bail.

The application for anticipatory bail is, thus, disposed of. All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Raja Basu Chowdhury, J.) (Soumen Sen J.)