Calcutta High Court (Appellete Side)
448/323/506/511/376 Of The Indian ... vs In Re : Mahammad Ahmmed Ansari @ Mohammad ... on 28 February, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
28.02.2023 51 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 874 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (T) Police Station Case No. 190 of 2022 under Sections 448/323/506/511/376 of the Indian Penal Code, 1860.
And In Re : Mahammad Ahmmed Ansari @ Mohammad Ahmad ...... petitioner Mr. Arindam Sen Mr. Sagnik Bhattacharya Md. Shahinurzaman Mr. Rishav Gupta ....for the petitioner Md. Anwar Hossain Ms. Manisha Sharma ....for the State The victim refused to record her statement under Section 164 of the Code of Criminal Procedure.
The materials in the case diary do not suggest requirement of custodial interrogation of the petitioner.
In such circumstances, we 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/-, 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 2 petitioner shall meet the Investigating Officer once a month till the conclusion of the investigation and on 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.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)