Pre-arrest bail may be granted when petitioners comply with court conditions, despite serious charges, provided no misuse of liberty is demonstrated.

JUDGMENT

[1] This application under section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) was filed for granting pre arrest bail to the petitioners in the event of their arrest in connection with Natun Bazar P.S case No. 2021/NTB/011 which was registered under sections 148, 149, 341, 307, 323, 325 and 506 IPC.

[2] The matter was first heard on 23.06.2021 and after hearing the counsel of the petitioners as well as the Public Prosecutor, petitioners were granted pre-arrest bail for an interim period on the following conditions:

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i). They will appear before the investigating officer at Natun Bazar police station within two days to face interrogation by I.O.

ii). They will record their appearance before the investigating officer at least twice in a week until further order.

iii). They will extend the fullest cooperation to the investigating officer for the purpose of early completion of the investigation.

[3] The matter was again heard on 14.07.2021 when the interim protection granted to the petitioners was extended till date by order dated 14.07.2021 which reads as under:

“[1] Heard Mr. A. Acharjee, learned counsel appearing for the petitioners. Heard Mr. S. Ghosh, Additional Public Prosecutor appearing for the State respondents.

[2] The matter was last heard on 23.06.2021 when interim protection was granted to the accused petitioners by the said order dated 23.06.2021 which is as under:

“[1] This is an application filed under section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) for granting pre arrest bail to the petitioners in the event of their arrest in connection with Natun Bazar P.S case No. 2021/NTB/011 registered under sections 148, 149, 341, 307, 323, 325 and 506 IPC.

[2] Heard Mr. A. Acharjee, learned counsel appearing for the petitioner as well as Mr. S. Debnath, learned Addl. P.P appearing for the State respondent.

[3] The factual context of the case is as under:

Sri Sanjoy Chakraborty, Son of Haradhan Chakraborty of Natun Bazar, PS Natun Bazar lodged a written complaint with the officer in charge of Natun Bazar police station on 12.04.2021 alleging inter alia that the accused petitioners namely Mohammad Ali, Jashim Aktar, Khalek Miah along with their associates attacked said Sanjoy Chakraborty at about 4 O’clock in the afternoon on 12.04.2021 withdeadly weapons and tried to kill him. As a result of their assault, the informant received injuries and lost his sense. After the incidence, police rescued him from the place of occurrence and brought him to the Natun Bazar hospital where he regained his sense.

[4] Based on this FIR, Natun Bazar P.S case No.2021/NTB/011 under sections 148, 149, 341, 307, 323, 325 and 506 IPC was registered and the case was taken up for investigation.

[5] Apprehending arrest, the petitioners have approached this court seeking anticipatory bail. It is submitted by Mr. Acharjee, learned counsel that the case against the petitioners has been registered on the basis of a false complaint lodged by said Sri Sanjoy Chakraborty. It is submitted by Mr. Acharjee, learned counsel that the petitioners had committed no offence at all and a false case was registered against them out of political rivalry. Learned counsel, therefore, urges the court to allow pre arrest bail to the petitioners to save them from detention and harassment.

[6] Mr. S. Debnath, learned Addl. P.P on the other hand opposes the bail application and argues that during investigation, police has examined most of the material witnesses of this case who have supported the allegations against the petitioners. According to Mr. Debnath, learned Addl. P.P, the petitioners made a deliberate attempt to kill the informant for no fault of him and in these circumstances the