Calcutta High Court (Appellete Side)
448/376/511/323/34 Of The Indian Penal ... vs In Re:- Basir Ali & Anr on 7 February, 2019
1 07.02.2019 233 jb.
CRM No. 1442 of 2019 Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 30th January, 2019 in connection with Malda Police Station Case No. 2 of 2019 dated 1.1.2019 under Sections 448/376/511/323/34 of the Indian Penal Code.
And In Re:- Basir Ali & Anr.
... Petitioners Mr. Tapan Dutta Gupta Mr. Parvej Anam Mr. Sandip Dinda .. for the petitioners Smt. Sreeparna Das .. for the State It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.
Learned counsel for the State opposes the prayer for anticipatory bail.
Considering the materials in the case diary and bearing in mind the nature of allegations and in view of the fact that the victim declined medical examination, we are inclined in granting 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 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 1 2 Procedure, 1973 with further condition that the petitioner No. 1 shall meet the Investigating Officer once a week until further orders.
The application being CRM 1442 of 2019 is disposed of.
(Abhijit Gangopadhyay, J.) (Joymalya Bagchi, J.) 2