Masud Sk @ Masadul Sekh v. State Of West Bengal

CRM(A) No.151 of 2022 Via video conference 01.02.22 (S.R.) Sl.49 Ct.32 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Rejinagar Police Station Case No.214 dated 07/10/2021 under Sections 341/326/325/307/354/34 of the Indian Penal Code; And In re: Masud Sk. @ Masadul Sekh ... petitioner.

Mr. Navanil De Mr. R. Chakraborty ... for the petitioner.

Mr. S.G. Mukherjee, PP Mr. Aniket Mitra ...for the State.

Mr. Chakraborty, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in a dispute, which occurred between the neighbours regarding plastering of a wall. The allegations are absolutely unfounded. Upon completion of investigation charge sheet has also been submitted and as such, custodial interrogation is not necessary.

Mr. Mitra, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statements of the injured persons, as recorded under Section 161 of the Code, and the injury report.

Having heard the learned advocates and considering the materials in the case diary, the nature of accusations, the nature of injury and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation is not necessary, more so when upon completion of investigation charge sheet has been submitted.

Accordingly, we direct that in the event of arrest the petitioner will 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 with a further condition that the petitioner shall meet with the investigating officer once in a week till investigation is complete. It is further directed that the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel his bail without any further reference to this Court.

The application for anticipatory bail being CRM(A) No.151 of 2022 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)