Md Asiruddin v. State Of West Bengal

14.01.2021 Court No.28 rpan / 194 C.R.M. 166 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Md. Asiruddin

...Petitioner.

Mr. Sandip Chakraborty ....for the petitioner.

Mr. Rana Mukherjhee, Mr. Suman Saha ....for the State.

Apprehending arrest in connection with Samserganj P. S. case no.226 of 2020 dated 08.10.2020 under Sections 420/326/307/506 of the Indian Penal Code, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner is innocent and has been falsely implicated and in view thereof, custodial detention of the petitioner is not warranted.

The learned advocate appearing for the State opposes the petitioner's prayer Having heard the learned advocates and considering the materials in the case diary, nature of allegations and the medical documents, we are of the opinion that custodial detention of the petitioner is not necessary. Accordingly, we allow the application and direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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 and on further condition that the petitioner shall meet with the Investigating Officer once a week on and from 25.01 2021, until further orders.

The application for anticipatory bail, being CRM 166 of 2021, is, thus, disposed of.

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