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Calcutta High CourtCRM/2093/2021allowed

Abdul Rahaman @ Rahaman Ali And ORS v. State Of West Bengal

2021-08-04Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

39.

04-08-2021 (ct. no.32) Sayandeep Allowed (Via Video Conference) CRM 2093 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 813 of 2020 dated 13.09.2020 under Sections 354B/324/448/323/307/34 of the Indian Penal Code.

- A n d - In the matter of : Abdul Rahaman @ Rahaman Ali. & Ors. .... Petitioners.

.

Ms. Sujata Das ... For the Petitioners.

Mr. Binay Panda Ms. Puspita Saha Mr. Subham Bhakat ... For the State.

Leave is granted to the petitioners to correct the cause title. It is submitted on behalf of the petitioners that they have been falsely implicated in this case. Charge-sheet has been submitted.

The State opposes the prayer for anticipatory bail and refers to statements of witnesses under Section 161 of the Code and also injury report of the victim.

We have considered the material in the case diary. No specific over act has been attributed to the petitioners therein. The injury sustained by the victim does not appear to be significant.

In the facts and circumstances of the case and considering the nature of allegations and also as charge-sheet

has been submitted, we are inclined to hold that immediate custodial interrogation of the petitioners may not be required and they may be granted anticipatory bail.

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 of anticipatory bail being CRM 2093 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. )