Calcutta High CourtCRM/1694/2021allowed

Jakir Sk And ORS v. State Of West Bengal

2021-08-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

13.08.2021 Item no.23.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No.1694 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 10.2.2021 in connection with Baishnabnagar Police Station Case No.26 of 2019 Dated 17.01.2019 under Sections 188/379/411/413 of the Indian Penal Code read with Sections 3/4 of the PDPP Act And In the matter of : Jakir Sk. & Others ......Petitioners.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ......for the Petitioners.

Mr. Tapandeb Nandy, Mr. Antarikhya Basu ......for the State.

The petitioners are three of several co-accused persons. The charge is primarily of theft.

There was no recovery from these petitioners. The names of the petitioners have transpired from the statements made by co-accused persons. Recovery has been made from coaccused persons. Charge sheet has been submitted. In view of the aforesaid and in view of the nature and gravity of the allegations made against these petitioners, we are of the opinion that since charge sheet has been submitted already, immediate custodial interrogation of the petitioners may

not be necessary so long as they cooperate with further investigation, if any.

Accordingly, in the event of arrest, the petitioners shall 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 case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.1694 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)