Mithun Sk And ORS v. State Of West Bengal

CRM No.244 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 Harishchandrapur Police Station Case No.229 of 2020 dated 21.03.2020 under Sections 341/325/324/323/354/308/506/34 of the Indian Penal Code; (S.R.) Sl.215 Ct.28 And In re: Mithun Sk & Ors.

... petitioners.

Mr. S. Chatterjee ... for the petitioners.

Mr. Anwar Hossain Ms. Ranta Ghosh ...for the State.

Heard the learned advocates and considered the materials in the case diary including the injury report.

Prima facie, the materials do not disclose any overt act attributable to the petitioners. Upon completion of investigation, charge sheet has also been filed. In view thereof, 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, Mithun Sk, Mallika @ Maleka Bewa, Sukur Sk and Bachu Sk @ Abdul Khalek, 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.244 of 2021, is allowed.

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