Calcutta High CourtCRM (A)/484/2022allowed

Rauf Ali Sardar And ORS v. The State Of West Bengal

2022-03-03Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

03.03.2022 rrc CRM (A) 484 of 2022 (via video conference) Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

In the matter of : Rauf Ali Sardar & Ors.

..... petitioners Mr. Ranjan Saha .....For the petitioners Mr. Narayan Prasad Agarwala Ms. Subhasree Patel .....For the State Apprehending arrest in connection with Haroa Police Station Case No. 18/22 dated 16.01.2022 under Sections 323/325/427/379/506/34 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, the nature of accusations, the nature of injury and the possible extent of complicity of the petitioners in the alleged offence, we are of the opinion that their custodial interrogation is not necessary.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Rauf Ali Sardar, Nasim Ali Sardar and Muslima Khatun @ Muslima Bibi 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.

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

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

The application for anticipatory bail, being CRM (A) 484 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.)