Majibar Rahman v. The State Of West Bengal

AD-21 Ct No.01 Jalpaiguri 14.09.2023 SP Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 713 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.08.2023 in connection with arising out of Kuchlibari Police Station Case No. 149 of 2022 dated 19.11.2022 under Sections 447/188/186/379/411 of the IPC, 1860, read with Sections 11(i)(d) of Prevention of Cruelty of Animals Act, the pending in the Court of Learned Additional Chief Judicial Magistrate Mekhliganj, Coochbehar.

And In the matter of: MAJIBAR RAHMAN .... petitioner Mr. Debasish Mukhopadhyay Ms. Madhushri Dutta Ms. Sohini Guha Roy ... for the petitioner Mr. Aditi Shankar Chakraborty Mr. Sourav Ganguly ... for the State

1. Learned counsel for the petitioner contends that several coaccused persons have been enlarged on bail.

2. Learned counsel for the State opposes the prayer for anticipatory bail. However, keeping in view the nature of the alleged offence and the fact that other co-accused persons have been released on bail, CRM (A) 713 of 2023 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall comply with the

stipulations in Section 438(2) of the Code of Criminal Procedure.

3. In the event of arrest, the petitioner shall be released on bail upon furnishing bonds of Rs.5,000/-, with one surety who must be local, and on further condition that the petitioner shall make himself available, if so required for interrogation by the Investigating Officer.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)