Subhajit Malik And ORS. v. State Of West Bengal

27.03.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 1026 of 2024 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 608 of 2023 dated 30.08.2023 under Sections 143/341/448/323/325/363/435/379/365/504/506/34 of the Indian Penal Code with Sections 25 and 27 of the Arms Act, pending in the Court of the learned Additional Chief Judicial Magistrate, Hooghly.

And In Re : Subhajit Malik & Ors.

...... petitioners Mr. Niladri Sekhar Ghosh Ms. Sompurna Chatterjee Mr. Sourov Mondal Ms. Laboni Sikdar ...for the petitioners Mr. Shiladitya Banerjee Mr. Santanu Talukdar ...for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners were falsely implicated due to their political ideology.

We perused the case diary.

No firearm was seized.

There is no injury report in the case diary. The police are proceeding on the basis of injured suffering injuries. Statement recorded under Section 164 of the Cr.P.C. with regard to the so-called kidnapping are not corroborated at this stage from the materials in the case diary.

Signed By :

Surojit Das High Court of Calcutta 27 th of March 2024 04:22:56 AM

In such circumstances, 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. The petitioners will report before the Investigating Officer once a fortnight till the conclusion of the investigation. The petitioners shall appear on every date 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.) (Md. Shabbar Rashidi, J.) Signed By :

Surojit Das High Court of Calcutta 27 th of March 2024 04:22:56 AM