Sadikul Sk v. State Of West Bengal

C.R.M. 1776 of 2021 (Via Video Conference) sg 21-05-2021 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 580 of 2020 dated 19.12.2020 under sections 448/376/511 of the Indian penal Code. Court 28 Sadikul Sk

Versus

State of West Bengal & Ors.

Allowed Mr. Ali Ahsan Alamgir, Adv.

...for the petitioner.

Mr. Rana Mukherjee, Adv.

Mr. Narayan Prasad Agarwala, Adv.

Mr. Subhshree Patel, Adv.

...for the State.

It is submitted on behalf of the petitioner that he is a neighbour of the victim and has been falsely implicated due to previous enmity. The learned Counsel for the State refers to the statement of the victim under Section 164 of the Code of Criminal Procedure and opposes the prayer for anticipatory bail.

Having considered the materials available before us including the statement of the victim under Section 164 of the Code of Criminal Procedure and also the fact that the charge-sheet has already been submitted, we are inclined to hold that custodial interrogation of the petitioner is not required and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner namely, Sadikul Sk, shall be released on anticipatory bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only), 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.

The application for anticipatory bail of the petitioner is allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Suvra Ghosh, J.) (Soumen Sen, J.)