Faruk Jamal And ORS v. The State Of West Bengal

21.08.2024 Court No.1 Item No.11 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM(A) 534 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mathabganga P.S. Case No.305 of 2023 dated 16.06.2023 under Sections 341/328/307/34 of the Indian Penal Code.

And In the matter of: Faruk Jamal and Ors.

....Petitioners.

Mr. Subhasish Misra Mr. Satyajit Paul ...for the petitioners.

Mr. Tapan Bhattacharjee Mr. Dhiman Sil ...for the State.

1.

The application for anticipatory bail is canvassed on the ground that the subject matter of the FIR is purely civil in nature and the allegation of poisoning is ex facie not established from the report of the medical document.

2.

Having regard to the facts and circumstances of the case, it appears from the records that the statement of the complainant and the alleged victim has not yet been recorded by the police despite a lapse of more than a year.

3.

In the above circumstances, this Court is inclined to grant anticipatory bail to the petitioners.

4.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, 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 petitioners shall meet the investigating officer as and when required and on further condition that the petitioners shall cooperate with the investigation.

5.

The application for anticipatory bail is, thus, allowed. (Rajasekhar Mantha, J.) (Ajay Kumar Gupta, J.)