Sk. Abu Siddque & ORS v. State Of West Bengal

04.09.2020 SL No. 67 ss CRM 6296 of 2020 With CRAN 1 of 2020 (OLD CRAN 4817 of 2020) (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanditala P.S. Case No.161 of dated 13.07.2020 under sections 341/323/354B/325/379/382/504/506 of the Indian Penal Code. And In the matter of: Sk. Abu Siddique & Ors.

Mr. Sanjib Mitra ... ... for the Petitioners.

Mr. Swapan Banerjee Ms. Sima Biswas ... ... for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. It is submitted on behalf of the petitioners that there is family dispute and case and counter case have been filed between the parties.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioners, we are of the opinion custodial interrogation is not necessary and the petitioners but the petitioners require to co-operate with investigation in accordance with law.

Accordingly, we direct that in the event of arrest, the petitioners namely, (1) Sk. Abu Siddique, (2) Sk. Amanulla and (3) Sk. Mafijullah 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 on further condition that the petitioners shall meet the investigating officer once in a week until further orders. Accordingly, application for anticipatory bail being CRM 6296 of 2020 is disposed of.

The application being CRAN 1 of 2020 (Old CRM 4817 of 2020) is disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)