Sariful Shaikh And ORS v. State Of West Bengal

CRM (A) 1612 of 2022 08.04.2022 Sl. 11 Court No.29 suvayan (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No. 201/2022 dated 20/03/2022 under Sections 341/325/326/307/34 of the Indian Penal Code.

And In the matter of: Sariful Shaikh & Ors.

....petitioners.

Mr. Kallol Mondal Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Souvik Das Mr. Anamitra Banerjee ...for the petitioners.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the incident arose out of a dispute relating to a tournament. Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary. Apparently, the allegations are directed against Jahangir Mondal and the petitioner No.6.

In such circumstances, considering the gravity of the offence and the involvement of the petitioners therein, we grant anticipatory bail to the petitioner No.1 (Sariful Shaikh), petitioner No.2. (Hasan Sk alias Hasen Shaikh), petitioner No.3 (Abu Taher Sk @ Aabu Tanhar Shaikh), petitioner No.4 (Nuru Sk @ Noor Islam Sekh), petitioner No.5 (Rajen Sk @ Rajen Ali Shaikh) and petitioner No.7 (Montu Shaikh).

However, we are unable to grant anticipatory bail to the petitioner No.6 (Inchan Sk @ Insaniat Shaikh).

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each, 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 and on condition that the petitioner No.1 (Sariful Shaikh), petitioner No.2. (Hasan Sk alias Hasen Shaikh), petitioner No.3 (Abu Taher Sk @ Aabu Tanhar Shaikh), petitioner No.4 (Nuru Sk @ Noor Islam Sekh), petitioner No.5 (Rajen Sk @ Rajen Ali Shaikh) and petitioner No.

7 (Montu Shaikh) will report before the Investigating Officer once in a fortnight till the conclusion of the investigation 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1612 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)