Calcutta High CourtCRM (A)/252/2022allowed

Samim Akhtar @ Samim Aktar v. The State Of West Bengal

2022-02-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

15.02.2022 rrc CRM (A) 252 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Samim Akhtar @ Samim Aktar ..... petitioner Mr. Joy Chakraborty Mr. Sandip Dindi .....For the petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Dan .....For the State Apprehending arrest in connection with Gazole Police Station Case No. 407 of 2018 dated 27.07.2018 under Sections 341/325/307/34 of the Indian Penal Code, the present application has been preferred.

Heard the learned advocates appearing for the respective parties.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submissions made by the respective parties and in view of the fact that upon completion of investigation, charge sheet has been submitted, we are of the opinion that custodial interrogation is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Samim Akhtar @ Samim Aktar 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.

It is further directed that the petitioner shall not tamper with the evidence and/or intimidate the witnesses. He shall also attend learned Court below on all the dates, as specified for hearing.

In the event the petitioner fails to comply with the aforesaid directions, without any justifiable cause, the learned Court below shall be at liberty to cancel his bail, in accordance with law, without further reference to this Court.

The application for anticipatory bail, being CRM (A) 252 of 2022, is, thus, 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.)