Hamim Sk @ Jasim Sk And ANR v. State Of West Bengal

11.01.2021 Court No.28 rpan / 100 CRM No.16 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Hamim Sk @ Jasim Sk. & Another ....Petitioners.

Mr. Mazhar Hossain Chowdhury ....For the Petitioners.

Mr. Swapan Banerjee, Mrs. Purnima Ghosh ... for the State Apprehending arrest in connection with Kaliachak P. S. Case No. 789 of 2020 dated 10.10.2020 under Sections 379/ 411/ 413/ 414/ 120B of the Indian Penal Code, the petitioners have filed the present application.

The learned advocate appearing for the petitioners submits that two co-accused persons similarly situated with the petitioners had already been granted anticipatory bail and the petitioners have been falsely implicated. Mr. Banerjee, learned advocate appearing for the State denies the statements of the petitioners.

Upon considering the materials in the case diary, 161 statement of the principal accused and the extent of complicity of the petitioners in the alleged offences, we are of the opinion that custodial interrogation of the petitioners is not necessary.

Accordingly, we allow the application and 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM No.16 of 2021, is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)