Case brief
What is this about?
Calcutta High Court, CRM (A) 2147 of 2024 (decided 29.07.2024, Soumen Sen and Uday Kumar, JJ.): anticipatory bail under Section 438 CrPC allowed in Goalpokher P.S. Case No. 12 of 2024 (Ss.120B/302/506 IPC, murder-related); custodial interrogation held unnecessary due to prior counter-complaint by petitioners against Hakim, omission of petitioners' names by the deceased's wife, possibility of false implication, filed charge sheet, and Hakim's bail in the counter-case; bail bond Rs.10,000/- each, two sureties, conditions under S.438(2) CrPC / S.482(2) BNSS, appearance in G.R. Case 104 of 2024; keywords: anticipatory bail, false implication, counter-case, charge sheet, custodial interrogation, Section 164 CrPC statement.
What did the court decide?
Anticipatory bail granted: in the event of arrest, petitioners Md. Danish Alam and Daud Alam @ Rahul to 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 corresponding to Section 482(2) BNSS, and to appear before the learned Additional Chief Judicial Magistrate, Islampur, Uttar Dinajpur in G.R. Case 104 of 2024 on each date of hearing until further orders, without intimidating witnesses or tampering with evidence; trial court free to cancel bail for non-appearance without justifiable cause.