Khalek Sk And ORS v. State Of West Bengal And ORS.

21.03.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1313 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur Police Station Case No. 70 of 2022 dated 26.01.2022 under Sections 379/304/34 of the Indian Penal Code. And In Re : Khalek Sk & Ors.

...... petitioners Ms. Karabi Roy ....for the petitioners Mr. Prasun Kumar Dutta Mr. Subroto Roy ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the first petitioner is 87 years of age. The petitioners were falsely implicated.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statement recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

In reply to query of the Court, learned advocate appearing for the State submits that, the police filed charge-sheet. Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that the

police filed charge-sheet, we grant anticipatory bail to the petitioners.

Accordingly, we direct that 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, 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 condition that the petitioners shall appear every day before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)