Rehan Mallick v. State Of West Bengal

22.02.2022 rrc CRM (A) 314 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Rehan Mallick ..... petitioner Mr. Navanil De Mr. Rajeshwar Chakraborty Mr. Subhrajit Dey .....For the petitioner Mr. Narayan Prasad Agarwala Ms. Subhasree Patel .....For the State Apprehending arrest in connection with Haripal Police Station Case No. 187 dated July 28, 2021 under Sections 448/323/354/436/506/509/34 of the Indian Penal Code, the present application has been preferred.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary and bearing in mind the nature of accusations 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 also been submitted, we are of the opinion that custodial interrogation of the petitioner is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Rehan Mallick 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 with further condition that the petitioner shall not enter the jurisdiction of Haripal Police Station until further orders. He shall also intimate the address where he would be residing to the Officer-in-Charge of the Haripal Police Station. 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) 314 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.)