Piarul Sk@Pearul Islam v. State Of West Bengal

CRM 1518 of 2021 (Via Video Conference) 05.08.2021 Court No.28 Item No.305 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Domkal Police Station Case No. 504 of 2020 dated 03.09.2020 under Sections 399/402 of the Indian Penal Code read with Sections 25(i)(a) of the Arms Act;

Akd & As And In the matter of : Piarul Sk @ Pearul Islam

...Petitioner

Mr. Mrityunjoy Chatterjee, Mr. G. N. Imrohi, Ms. Debapriya Majumder.

...For the Petitioner Mr. N. Ahmed, Ms. Z. N. Khan, Ms. Trina Mitra.

...For the State.

Apprehending arrest in connection with Domkal Police Station Case No. 504 of 2020 under Sections 399/402 of the Indian Penal Code read with Sections 25(i)(a) of the Arms Act, the petitioner has filed the instant application for anticipatory bail. It is submitted that the petitioner was no where involved in the commission of the alleged offence, but the police is intending to apprehend him in connection with the aforesaid case. The State opposes the prayer for anticipatory bail. It is submitted that in the aforesaid case two persons were arrested and the incriminating materials were recovered from their possession. Considering the submissions so advanced and on perusal of the statement of the co-accused recorded under Section 161 of the Code of Criminal Procedure, we do not feel that the custodial interrogation of the petitioner is necessary. The prayer for anticipatory bail is thus allowed.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer of the concerned police station and on conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail, being CRM 1518 of 2021 is thus disposed of.

(Harish Tandon, J) (Bibek Chaudhuri, J.)