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Calcutta High Court (Appellete Side)

Abul Kalam vs Unknown on 15 February, 2022

Author: Debangsu Basak

Bench: Debangsu Basak

                                       C.R.M. (A) 741 of 2022
15.02.2022

Sl. 20 Court No.29 In Re: - An application for anticipatory bail under Section 438 of sourav the Code of Criminal Procedure filed on 10.02.2022 in (Allowed) connection with Nowda P. S. Case No. 218 of 2021 dated 15.09.2021 under Section 306 of the Indian Penal Code.

And In the matter of: Abul Kalam ....petitioner.

Mr. Somnath Adhikary ...for the petitioner.

Mr. Saswata Gopal Mukherji Mr. Aniket Mitra ...for the State.

Petitioner seeks anticipatory bail. Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State submits that the victim owed certain amounts to the petitioner. On the petitioner's demanding refund of such amounts, the victim held out that he will commit suicide and, thereafter, committed the suicide. He submits that a suicide note was recovered from the pocket of the victim.

Considering the gravity of the offence and the involvement of the petitioner therein, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall appear before the Investigating Officer once a fortnight till the conclusion of the investigation and that the petitioner shall appear before the jurisdictional court and pray for 2 regular bail within four weeks from date.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 741 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.) 3