Calcutta High Court (Appellete Side)
Under Sections 417/493/376/506/34 Of ... vs In Re:- Md. Yaqub Warsi on 1 February, 2019
1 01.02.201957
jb.
CRM No. 133 of 2019 Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 2nd January, 2019 in connection with Khardah Police Station No. 798 dated 18.09.2015 under Sections 417/493/376/506/34 of the Indian Penal Code.
And In Re:- Md. Yaqub Warsi ... Petitioner Mr. Ehtesham Islam .. for the petitioner Mr. Sandip Chakrabrty .. for the State The petitioner seeks anticipatory bail in connection with Khardah Police Station No. 798 dated 18.09.2015 under Sections 417/493/376/506/34 of the Indian Penal Code.
The State produces the case diary and says that the petitioner is a friend of the principal accused and the principal accused had surrendered before ultimately obtaining bail.
Considering the nature of the allegations and fact that it is nobody's case that the petitioner herein committed rape, there may not be any need to take him into custody at this stage as long as he cooperates with the investigation.
1 2Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of Rs.5,000/- (Rupees five thousand only) each to the satisfaction of the arresting officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the investigating officer at such time and place as may be specified by the concerned police officer, till the investigation is completed.
CRM 133 of 2019 is allowed as above.
A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.
(Suvra Ghosh, J.) (Sanjib Banerjee, J. ) 2