Aminur Haque @ Aminul Hoque And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 22.08.2023 Court No.1 (AK 42) CRM(A) 559 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Dinhata Police Station Case No. of dated 28.04.2023 under Section 341/448/325/326/307/427/506/120B/34 of the IPC. And In the matter of: Aminur Haque @ Aminul Hoque and others . .. . . . . .Petitioners.

Mr. Sudip Guha ...for the petitioner.

Mr. Kallol Acharjee Mr. Chattu Roy ...for the State.

Considering the submission made on behalf of the prosecution that the 164 statements consist of omnibus allegations and do not contain specific allegations implicating the six petitioners before us, we are of the view that custodial interrogation of the petitioners is not required. The prayer for anticipatory bail is hence allowed. We accordingly direct that in the event of arrest, the petitioners shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of like amount each, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioners shall cooperate with the investigation and make themselves available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioners shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

The application for anticipatory bail being CRM(A) 559 of 2023 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS, J.) (MOUSHUMI BHATTACHARYA, J.)