Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs Md. Kabatullah Chishty on 4 May, 2016
Author: Patherya
Bench: Patherya
1 11 2016 HIK OWED C.R.M. 1985 of 2016.
In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 09.03.2016 in connection with Kaliachak P.S. Case No. 04 of 2014 dated 02.01.2014 under Sections 147/148/149/323/427/435/436/ 379/354/365/506 of the Indian Penal Code.
And In the matter of : Md. Kabatullah Chishty. ... Petitioner.
Mr. Manas Kumar Das Mr. Zakir Hossain.
.. for the Petitioner.
Ms. Sujata Das.
.. for the State.
This is an application under Section 438 of the Code of Criminal Procedure as filed by the accused petitioner praying for his release on anticipatory bail in the event of his arrest in connection with Kaliachak P.S. Case No. 04 of 2014 dated 02.01.2014 under Sections 147/148/149/323/427/ 435/436/379/354/365/506 of the Indian Penal Code.
Defence counsel submits that the petitioner has been falsely implicated due to village rivalry and he is in no way involved in the offence alleged. Charge-sheet has already been submitted in July, 2014 and no custodial interrogation will be necessary.
Counsel for the State produces the case diary and takes us to the statement of the injured recorded under Section 164 at pages 44 to 49 and seizure list at page 54.
2Having considered the submissions of the parties and on scrutiny of the case diary, sufficient material exists to warrant grant of anticipatory bail to the petitioner herein in the event of his arrest upon furnishing bond of Rs. 5,000/- alongwith two sureties of Rs. 2,500/- each to the satisfaction of the Court below.
The prayer for anticipatory bail is allowed and the application is, thus, disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis.
( Patherya, J.) ( Debi Prosad Dey, J. ) 3