Pintu Sarkar v. State Of West Bengal

24.02.2022 rrc CRM (A) 332 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Pintu Sarkar & Anr.

..... petitioners Mr. Mazhar Hossain Chow3dhury Ms. Mobashshara Alam .....For the petitioners Mr. S. S. Imam Mr. Arif Ekbal Molla .....For the State Apprehending arrest in connection with Kushmandi Women Police Station Case No. 219 of 2021 dated 18.12.2021 under Sections 341/326/307/34 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 including the statements of the witnesses, as recorded under Section 161 of the Code, the injury report and the possible extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation is not necessary. However, their movement needs to be restricted. Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Pintu Sarkar and Mantu Sarkar 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 with a further condition that the petitioners shall not enter into the jurisdiction of Kushmandi Police Station save and except for meeting with the investigating officer of the case once a week till investigation is complete.

The application for anticipatory bail, being CRM (A) 332 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.)