Indadul Sekh And Others v. State Of West Bengal

CRM No.242 of 2021 20.01.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Murutia Police Station Case No.316 of 2020 dated 18.12.2020 under Sections 448/325/326/307/427/34 of the Indian Penal Code; (S.R.) Sl.214 Ct.28 And In re: Indadul Sekh & Ors.

... petitioners.

Mr. Arindam Jana Mr. Asraf Mondal ... for the petitioners.

Mr. Abhra Mukherjee Mr. Dipankar Mahata ...for the State.

Mr. Jana, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated and in view of the nature of allegations, custodial detention of the petitioners is not necessary. Mr. Mukherjee, learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to several documents in the case diary and a report filed by the Officer-in-Charge of Murutia Police Station. Let the said report, as produced, be kept on record. Having heard the learned advocates and considering the materials in the case diary, the injury report, we are of the opinion that custodial detention of the petitioners is not necessary.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Indadul Sekh, Suman Shaikh, Mofajjel Sekh and Anowara Sekh, shall be released on bail upon furnishing a bond of Rs.10,000/- each 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. Accordingly, the application for anticipatory bail being CRM No.242 of 2021, is allowed.

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