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Calcutta High CourtCRM/2188/2021allowed

Sk. Sakim And ORS v. State Of West Bengal

2021-10-08Hon'Ble Justice Soumen Sen,Hon'Ble Justice Rabindranath Samanta2 pages

08.10.2021 Ct-30 ar Allowed CRM 2188 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul P.S Case No. 303 of 2020 dated 24.11.2020 under Sections 447/324/325/354/379/504/506/34 of the Indian Penal Code.

And In the matter of: Sk. Sakim & Ors.

... Petitioners Mr. Niladri Sekhar Ghosh Ms. Srimoyee Mukherjee .... For the Petitioners Ms. Faria Hossain Ms. Sonali Das .... For the State Learned counsel appearing for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case.

Learned counsel appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the involvement of the petitioners in the commission of alleged offence, we are of the view that although custodial interrogation of the petitioners may not be necessary in the facts of the case, but their movement requires to be restricted through some stringent conditions.

Accordingly, we direct that in the event of arrest of the petitioners, they shall be enlarged 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure,

1973 and on further condition that the petitioners shall meet the I.O once in fortnight until further orders. The application for anticipatory bail is thus allowed. CRM 2188 of 2021 is thus disposed of.

All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this court.

(Rabindranath Samanta,J) (Soumen Sen,J.)