Hasim Reja v. State Of West Bengal

10.09.2020 SL No.32 Ar/pk CRM 6404 of 2020 With CRAN 01/2020 (Through Video Conference) In Re: - An application for bail under Section 438 of the Code of Criminal Procedure in connection with Raninagar Police Station Case No. 296 of 2020 dated 17.08.2020 under Sections 498A/307/34 of the Indian Penal Code.

And In the matter of: Hasim Reja & Ors.

....Petitioners.

Mr. Sabir Ahmed Mr. Somnath Adhikary Mr. Zishan Iqbal Hossain ...for the Petitioners.

Mr. Madhusudan Sur Mr. Sujata Basu ...for the State.

Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conferencing.

Accordingly, the application being CRAN 01 of 2020 is disposed of.

The learned advocate for the petitioners submits that the they are innocent of the charges levelled against them and the present case has been initiated because of matrimonial discord. The learned advocate for the State opposes the prayer for anticipatory bail and submits that there are injury report as well as the statement of the neighbours.

We have perused the materials which include the statement of the neighbours and the injury report and on

appreciation of the same, we are of the opinion that though a case has been made out but the custodial detention of the petitioners are not required in the facts and circumstances of the case.

As such, the prayer of the petitioners is allowed. 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, one of whom must be local, to the satisfaction of the arresting officer and on condition that during bail, they must not tamper with the evidence nor intimidate the witnesses in any manner.

It is further directed that the petitioner no. 1, Hasim Reja, should meet with the Officer-in-Charge of Raninagar police station or the Investigating Officer of the case once in a week until further orders.

Accordingly, the application for anticipatory bail is allowed.

C. R. M. 6404 of 2020 is thus disposed of.

(Samapti Chatterjee, J.) (Tirthankar Ghosh, J.)