Calcutta High CourtCRM (A)/601/2022allowed

Samim Aktar v. State Of West Bengal

2022-03-15Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar2 pages

15.03.2022 Item no. 15 Court No.32 Avijit Mitra C.R.M.(A) 601 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Samim Aktar .... Petitioner Mr. Mazahar Hossain Chowdhury ...for the petitioner Mr. Debabrata Chatterjee, Ms. Mausumi Sarkar ....for the State Mr. Debapriya Majumder ...for the de facto complainant Apprehending arrest in connection with Ratua Police Station Case No.539 of 2021 dated 05.10.2021 under Sections 448/376/511 of the Indian Penal Code, the present application has been preferred.

Heard the learned advocates appearing for the respective parties.

Considering the nature of accusations and the possible extent of complicity of the petitioner in the alleged offence, we are of the opinion that his custodial interrogation is not necessary.

Accordingly, we direct that in the event of arrest, the petitioner namely, Samim Aktar, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) with two sureties of like amount each, 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 shall meet with the Investigating Officer of the case once a week till investigation is complete.

The petitioner shall attend the learned Trial Court on all the dates as specified for hearing.

The petitioner shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioner's bail without any further reference to this Court. Accordingly, the application for anticipatory bail being C.R.M.(A) 601 of 2022 is 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.)