Calcutta High CourtCRM (A)/275/2024allowed

Sakir Saikh @ Pentu Sk. v. State Of West Bengal

2024-01-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 274 of 2024 30.01.2024 DL-55 & 56 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No. 329 dated 27.07.2023 under Sections 447/323/325/326/307/506/34 of the Indian Penal Code, 1860 (G.R. Case No.1887 of 2023).

And In the matter of: Marfej Ali @ Murfej Ali ....petitioner.

Mr. Ayan Bhjattacharjee Mr. Rajdeep Banerjee Mr. Zahaib Rauf Mr. Joseph Rahaman ...for the petitioner.

Mr. Angshuman Chakraborty ...for the State.

With C.R.M. (A) 275 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sagardighi Police Station Case No. 329 dated 27.07.2023 under Sections 447/323/325/326/307/506/34 of the Indian Penal Code, 1860 (G.R. Case No.1887 of 2023).

And In the matter of: Sakir Saikh @ Pentu Sk.

....petitioner.

Mr. Ayan Bhjattacharjee Mr. Rajdeep Banerjee Mr. Zahaib Raut Mr. Joseph Rahaman ...for the petitioners.

Mr. Saryati Datta ...for the State.

Two applications are taken up for analogous hearing as they emanate out of the same police case.

Apparently, both the petitioners are not named as assailants by the injured in the statement recorded under Section 161 of the Code of Criminal Procedure.

Police filed charge sheets.

In such circumstances, we grant anticipatory bail to the petitioners in both the applications.

Accordingly, we direct that in the event of arrest, the petitioners in both the applications shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners in both the applications shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in both the applications in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners in both the applications is allowed.

C.R.M. (A) 274 of 2024 and C.R.M. (A) 275 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)