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Calcutta High CourtCRM/1821/2021allowed

Anwar Sk@Anowar Sk v. State Of West Bengal

2021-07-30Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

30.07.2021 Item no.23.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 1821 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 11.02.2021 in connection with Baishnabnagar Police Station Case No.328 of 2018 Dated 22.06.2018 under Sections 147/148/149/448/307 327/379/506 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act And In the matter of : Anwar Sk. @ Anowar Sk.

......Petitioner.

Mr. Musharaf Alam Sk.

Mr. Krishan Roy, Mr. Souvik Das ......for the Petitioner.

Mr. Rana Mukherjee, Ld. APP Ms. Sujata Das ......for the State.

The allegation against the petitioner is that he has stolen the cow and some other articles of the victim. We have seen the material in the case diary. There is no injury report. It appears that the allegation is an outcome of some disputes between the petitioner and the victim. Having considered the facts and circumstances of the case and the material on record, we are of the view that immediate custodial interrogation of the petitioner may not be necessary and he may be granted anticipatory bail.

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 and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioner fails 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.1821 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.)