Calcutta High Court (Appellete Side)
86 vs In Re : Abbas Ali & Anr on 10 May, 2023
Author: Debangsu Basak
Bench: Debangsu Basak
10.05.2023 20 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1922 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station FIR No. 09 of 2023 dated 04.01.2023 under Sections 448/354/376/511/34 of the Indian Penal Code, 1860.
And In Re : Abbas Ali & Anr.
...... petitioners Mr. Sanjib Kumar Mukhopadhyay Ms. Aparupa Bhattacharya Ms. Nargis Parveen ....for the petitioners Mr. Prasun Kumar Dutta Mr. Nirupam Dhli ....for the State There are three police complaints amongst the private parties. Earliest at the point of time is the one lodged by the mother of the petitioner.
There is an issue of false implication involved. The Statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) of the victim remains uncorroborated by the 161 Cr.P.C. statements. The police are yet to find any post occurrence witness.
In such circumstances, we grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of 2 Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)