Majed Sekh And ORS v. State Of West Bengal

28.01.2021 Court No.28 rpan / 184 C.R.M. 356 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Majed Sekh & Others ....Petitioners.

Mr. Siddhartha Sarkar ....for the Petitioners.

Mr. Tanmoy Kumar Ghosh, Ms. Sima Biswas ... for the State.

Mr. Kallol Kumar Basu, Md. J. ul Firdous ... for the de facto / complainant.

Apprehending arrest in connection with Hasnabad P. S. Case No. 796 of 2020 dated 09.11.2020 under Sections 447/341/323/325/307/427/506/34 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate for the petitioners submits that the petitioners have been falsely implicated in this case due to previous rivalry over Government land, being allotted for construction of a public library. It is the further submission of the learned advocate that the petitioners are innocent and they are ready to cooperate with the investigation and as such, they may be granted the relief on any stringent conditions.

The learned advocate for the State opposes the prayer and draws the attention of this Court to the relevant statements of the witnesses as also the medical report.

Mr. Basu, learned advocate appears for the de facto / complainant and submits that the complainant's husband suffered vision deficiency pursuant to the assault being inflicted upon him.

We have considered the materials in the case diary, assessed the injury report and on an overall assessment of the same, we are of the opinion that although offences may have been committed but custodial detention of the petitioners is unwarranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, in the event of arrest the petitioners, viz. 1. Majed Sekh, 2. Manas Bera, 3. Nur Ali Sekh, alias Nyerababu,

4. Shankar Biswas, 5. Jakir Sekh, 6. Ajed Ali Sekh and 7. Madin 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. The petitioners shall meet with the Investigating Officer of the case twice a week on and from 8th February, 2021 until further orders.

The application for anticipatory bail, being CRM 356 of 2021, is, thus, disposed of.

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