Tahir Ahammad Mollick @ Mallick v. State Of West Bengal

36.

04-08-2021 (ct. no.32) Sayandeep Allowed (Via Video Conference) CRM 2077 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bagnan Police Station Case No. 42 of 2021 (wrongly written as 42/121) dated 30.01.2021 under Sections 448/325/452/380/506/34 of the Indian Penal Code and Sections 8/12 of the Protection of children from Sexual Offences Act.

- A n d - In the matter of : Tahir Ahammad Mollick @ Mallick & Ors. .... Petitioners.

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Mr. S.N. Obaridullah Mr. Robi Chowdhury ... For the Petitioners.

Mr. N. Ahmed Mr. Trina Ditra ... For the State.

It is submitted on behalf of the petitioners that the present case is an outfall of land dispute between the parties and a civil suit is also pending. Some of the co-accused have been granted bail.

The State opposes the prayer for anticipatory bail and refers to several documents in the case diary including statements of witnesses.

Charge-sheet has also been filed.

We have considered the material in the case diary. There is no injury report in support of the injuries allegedly sustained by the victims.

In view of the material on record as well as the nature of allegations against the petitioners, we are inclined

to hold that immediate custodial interrogation of the petitioners may not be necessary.

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. The application for anticipatory bail being CRM 2077 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )