Funsur Sk@Fansur Ali v. State Of West Bengal

09.04.2021 Item no.275 Court No.28 Avijit Mitra C.R.M.746 of 2021 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Raghunathganj Police Station Case No.313 of 2019 dated 05.07.2019 under Sections 447/326/307/34 of the Indian Penal Code and subsequently added Sections 302/120B of the Indian Penal Code;

And In Re : Funsur Sk. @ Fansur Ali .... Petitioner Mr. Arnab Chatterjee Mr. Anisur Rahman ....for the petitioner Mr. S.S. Imam, Mr. S. Kundu ...... for the State Learned advocate appearing for the petitioner submits that the petitioner is innocent of the charges and has been falsely implicated in the instant case out of trivial disputes. Mr. Imam, learned advocate appearing for the State opposes the prayer for anticipatory bail and draws the attention of this Court to the statements of the witnesses as also the injury report.

Having regard to the materials which surfaced in course of investigation and the fact that the petitioner was not available at the time of investigation we direct the petitioner to surrender before the jurisdictional Court within a period of four weeks. The petitioner shall not be arrested till 10th May, 2021. In case the petitioner surrenders before the jurisdictional Court, the jurisdictional Court will consider his application for bail

independently without being influenced by the observations made by this Court.

Accordingly, the application for anticipatory bail being CRM No.746 of 2021, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)