Altab Mia@Altaf Mia And ORS v. State Of West Bengal

22.

18-08-2021 (ct. no.32) ssi Allowed (Via Video Conference) CRM 1510 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 340 of 2016 dated 27.06.2016 under Sections 143/323/326/307 /379 / 34 of the Indian Penal Code.

- A n d - In the matter of : Altab Mia @ Altaf Miah & ors. .... Petitioners.

Mr. Bitasok Banerjee Mr. A. Salam ... For the Petitioners.

Mr. Avijit Ganguly Mr. Avik Ghatak ... For the State.

The petitioners say that the incident was a fight between two groups in the village. 32 persons have been charge-sheeted. Some of them have been granted bail by the Court below. The petitioners stand on the same footing. The State opposes the prayer for anticipatory bail. We have seen the material in the case diary. No specific overt act has been attributed to the petitioners. The allegations are general and omnibus in nature. Charge-sheet has been submitted.

In view of the above, we are of the view that immediate custodial interrogation of the petitioners is not necessary.

Accordingly, in the event of arrest, the petitioners will 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 shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders. In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 1510 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )