Ayjul Hoqe@Aijul Miah v. State Of West Bengal

26.07.2022 Serial no. 2 [Dd] (Anticipatory bail) Allowed)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 370 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dinhata Police Station Case No. 540 of 2021 dated 18.10.2021 under Sections 306/34 of the Indian Penal Code and corresponding to G.R. Case No. 579 of 2021.

-And- In the matter of : Ayjul Hoque @ Aijul Miah ... ... Petitioner Mr. Sudip Guha, Advocate ... ... For the Petitioner Mr. Ujjwal Luksom, Mr. Namrata Das, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case dairy. The postmortem report of the victim suggests suicide. Considering involvement of the petitioner in the incident, the gravity of the offence and the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall 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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 370 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)