Calcutta High Court (Appellete Side)
365/376/511/323/34 Of The Ipc vs Allowed on 1 July, 2020
1 01.07.2020
tkm/ct 8 C.R.M. 4660 of 2020
sl no. 28 CRAN 2832 of 2020
(Via Video conference)
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 25.6.2020 in connection with Hariharpara P.S. Case No. 136/2020 dated 27.5.2020 under sections 365/376/511/323/34 of the IPC And Allowed In Re : Najimul Islam @ Najimul Sk & Ors. ...... petitioners Mr. D Chattopadhyay ...... for the petitioners Mr. Arijit Ganguly Mr. S K Dan ...... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing.
Accordingly, the application being CRAN 2832 of 2020 is disposed of.
It is submitted on behalf of the petitioners that that they have been falsely implicated in the instant case.
Learned lawyer for the State opposes the prayer for anticipatory bail and submits that petitioners had harassed the victim on a number of occasions.
2Having considered the materials on record and bearing in mind the facts and circumstances of the case, we are of the opinion in the light o the aforesaid submission though custodial interrogation of the petitioners may not be necessary, movement of the petitioners require to be restricted in order to prevent commission of similar offence.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount each, 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 while on bail shall not enter the jurisdiction of Hariharpara P.S. except for the purpose of investigation and attending court proceeding and shall report to the concerned officer in charge within whose jurisdiction they shall reside while on bail once in a week until further orders and shall provide the address where they shall presently reside to the investigating officer as well as court below while on bail.
The application being CRM 4660 of 2019 is disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)