Aktar Ali @ Aktar Ali Sk v. the State of West Bengal and Anr.
Anticipatory bail – Section 438, Code of Criminal Procedure
Case brief
What is this about?
Calcutta High Court, CRM (A) 2020 of 2024, decided 12.7.2024 by Uday Kumar and Soumen Sen, JJ. Anticipatory bail under Section 438 CrPC in Kaliganj Police Station Case No. 137 of 2024 dated 10.02.2024 under Sections 498A/376 IPC. Custodial interrogation held unnecessary in view of case diary materials, extent of involvement, victim's Section 161 statement, 17-day delay in complaint and refusal of medical examination. Release on arrest ordered on bond of Rs.10,000/- with two sureties (one local), subject to Section 438(2) conditions; petitioner to appear before CJM, Nadia within two weeks for regular bail. Application disposed of. Advocates: Joy Chakraborty and Sandip Dinda for petitioner; Manoranjan Mahata for State; Navanil De for de facto complainant.
What did the court decide?
Application for anticipatory bail disposed of with a direction that in the event of arrest the petitioner be released on bail on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC conditions, weekly meetings with the Investigating Officer, restriction on leaving Kaliganj Police Station jurisdiction, appearance before the Chief Judicial Magistrate, Nadia within two weeks for regular bail, and appearance on every date before the jurisdictional Court.