Arabinda Haldar v. State Of West Bengal

19.01.2021 Court No.28 Item No. 200 Krishnendu ALLOWED C.R.M. 203 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Arabinda Haldar Petitioner Mr. Kazi M. Rahaman For the Petitioner Mr. Sekhar Barman For the State Apprehending arrest in connection with Malda Police Station Case No. 228 of 2019 dated 16.04.2019 under sections 341/323/325/354B/308/506/34 of the Indian Penal Code, 1860, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the co-accused persons have already been granted anticipatory bail and the petitioner has been falsely implicated. In the said conspectus, custodial detention of the petitioner is not warranted.

The learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having heard the learned advocates appearing for the respective parties and upon considering the materials in the case diary and the injury report, 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, namely Arabinda Haldar,

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 he shall stay outside the jurisdiction of Malda Police Station, save and except attending the Court on the specified dates. The application for anticipatory bail, being CRM No. 203 of 2021, is, thus, disposed of.

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