Calcutta High CourtCRM/796/2021allowed

Sk Samsur Rahaman And ANR v. State Of West Bengal

2021-04-12Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh2 pages

12.04.2021 Court No.28 Item No. 295 Krishnendu ALLOWED C.R.M. 796 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In re: Sk. Samsur Rahaman & Anr.

......Petitioners Mr. Sandip Kundu .....For the Petitioners Mr. N.P. Agarwalla Ms. Subhasree Patel .......For the State Apprehending arrest in connection with Pingla Police Station Case No. 225 of 2020 dated 27.07.2020 under sections 341/324/325/307/308/354B/506/34 of the Indian Penal Code, 1860, the petitioners have filed the present application.

The learned advocate for the petitioners submits that there was a previous dispute relating to property between the present petitioners and the complainant.

Mr. Agarwalla, learned advocate appearing for the State produces the case diary and draws the attention of this Court to the injury report.

We have considered the materials available in the case diary and also the fact that investigation of the case has already been concluded.

Having regard to the fact that charge sheet has already been filed, we are of the opinion that custodial detention of

the petitioners is unwarranted in the facts and circumstances of this case.

Accordingly, we allow this application and direct that in the event of arrest the petitioners, namely, Sk. Samsur Rahaman and Rokia 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 with a further condition that the petitioner no. 1 shall meet with the Officer-in-Charge of Pingla Police Station once a week on and from 20th April, 2021 until further orders. The application for anticipatory bail, being CRM No. 796 of 2021, is, thus, 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.)