← Library
Calcutta High CourtCRM/6417/2020allowed

Keshab Ukil@ Keshab Chandra Ukil v. State Of West Bengal

2020-09-14Hon'Ble Justice Soumen Sen,Hon'Ble Justice Jay Sengupta2 pages

14.09.2020 Ct. No. 08 SK/AGM CRM 6417 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia P.S. Case No. 115 of 2020 dated 29.05.2020 under Sections 188/353/333/307/427/34 of the Indian Penal Code, 1860 and Section 51(b) of the Disaster Management Act, 2005.

And In the matter of : Keshab Ukil @ Keshab Chandra Ukil & Anr. ..... Petitioners Mr. Arnab Mukherjee, Mrs. Madhurima Mukherjee .... for the Petitioners Ms. Zareen N. Khan, Mr. M. F. A. Begg ...for the State. The petitioners undertake to affirm and stamp the petition as per the Rules within one month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned counsel appearing on behalf of the petitioners submits that the present case is a result of a fight over the stay of migrant labourers in the village. The petitioner no. 1 is 70 years old. Learned counsel for the State opposes the prayer for anticipatory bail.

Considering the nature of the allegations and the nature of injury as indicated in the case diary, we are of the opinion that there is no need for custodial interrogation in this case. Accordingly, we allow the application for anticipatory bail.

In the event of arrest the petitioners shall be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand) each to the satisfaction of the arresting officer or the investigating officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. CRM 6417 of 2020 and CRAN 1 of 2020 are disposed of. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Soumen Sen, J.) (Jay Sengupta, J.)