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Calcutta High CourtCRM/1502/2021allowed

Enamul Sk. @ Md Enamul Sk. And ANR v. State Of West Bengal

2021-05-24Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Bibek Chaudhuri2 pages

24.05.2021 Sl. No. 51 Srimanta/ Suman Ct. No. - 28 D/L CRM/1502/2021 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

In the matter of : Enamul Sk. @ Md. Enamul Sk. & Anr. ... petitioners.

Mr. Arup Kumar Bhowmick, Adv.

...for the petitioners.

Mr. M. Sur, Adv., Mr. Arijit Ganguly, Adv., Mr. Avik Ghatak, Adv.

...for the State.

The petitioners are charge-sheeted for committing offence under Sections 399/402 of the Indian penal Code on the basis of the statement of the co-accused persons. Nothing was recovered from them.

Having heard the learned Advocate for the petitioner and the Learned Public Prosecutor-in-Charge and having due regard on the complicity of the petitioners we are inclined to accord the benefit of Section 438(2) of the Code of Criminal Procedure.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Enamul Sk. @ Md. Enamul Sk. and Bura @ Eafikul Sk. @ Md. Rafikul Alam shall be released on anticipatory 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.

Accordingly, the application for anticipatory bail being CRM No. 1502 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. (Bibek Chaudhuri, J. ) (Tapabrata Chakraborty, J.)