Kalu Sk @Seikh@Majarul Islam v. State Of West Bengal

Dl.

19.

October 8, C.R.M. 1991 of 2021 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on February 19, 2021 in connection with Kaliachak Police Station Case No. 220 of 2011 dated June 2, 2011 under Sections 447/341/326/307/34 of the Indian Penal Code; And In the matter of : Kalu Sk @ Seikh @ Majarul Islam ...petitioner.

Versus

State of West Bengal ...opposite party.

Mr. Sagar Saha, ...for the petitioner.

Mr. S S. Imam, Mr. S. Kundu, ...for the State.

We have heard the learned advocates appearing for the parties and perused the case diary.

It is submitted on behalf of the petitioner that the petitioner has been falsely implicated in the instant case.

The learned Advocate appearing on behalf of the State opposes the prayer for anticipatory bail. However, the State could not be able to offer any explanation as to why the warrant of arrest against the petitioner could not be executed. The petitioner appears to be absconding for more than ten years. However, considering the fact that charge sheet in the instant case has already been filed and that the other co-accused persons are on bail, as submitted on behalf of the State, we are of the opinion that custodial interrogation of the petitioner is not necessary and he may be granted pre-arrest bail. Under such circumstances, we direct that in the event of arrest of the petitioner, namely, Kalu Sk @ Seikh @ Majarul Islam, he shall be released on

bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) only with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure and on further condition that the petitioner shall meet the officer in-charge of Kaliachak Police Station once in a week until further orders. We make it clear that this order shall remain in force for a period of eight weeks from date within which time the petitioner shall surrender before the jurisdictional court and pray for regular bail. The jurisdictional court shall consider the prayer for bail of the petitioner in accordance with law independently and without being influenced by any of the observations made by us. The application for anticipatory bail is, thus, allowed. dns ( Rabindranath Samanta, J. ) ( Soumen Sen, J. )