Calcutta High CourtCRM/2810/2020partly allowed

Enaj Md@Anaj Md. & ANR v. State Of West Bengal

2021-02-18Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

CRM No.2810 of 2020 18.02.21 (S.R.) Sl.118 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Chopra Police Station Case No.234 of dated 14.06.2018 under Sections 341/324/326/307/24 of the Indian Penal Code, 1860; And In re: Enaj Md. @ Anaj Md. & Anr.

... petitioners.

Mr. Rajiv Lochan Chakraborty Mr. Debopratim Guha Mr. P. Kundu Ms. Anchita Sarkar ... for the petitioners.

Mr. Saibal Bapuli, APP Mr. Arani Bhattacharyya ...for the State.

The learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. No overt act has been attributed to them and as such, their custodial detention is not necessary. Learned advocate appearing for the State opposes the petitioners' prayer and draws our attention to the injury report and the statement of an injured, namely, Manjur Alam recorded under Section 161 of the Code of Criminal Procedure.

Having heard the learned advocates and considering the materials in the case diary, prima facie it appears that no overt act has been attributed to the petitioner no.2 and as such, his prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest, the petitioner no.2, namely, Talab Md. @ Md. Talib Hussain, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

However, there are specific allegations against the petitioner no.1 and in view thereof, we are not inclined to grant anticipatory bail to the petitioner no.1 and his prayer is refused.

The application for anticipatory bail being CRM No.2810 of 2020, is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)