Calcutta High CourtCRM/3745/2021allowed

Jakir Hossain @ Jakir Hossain Sekh And Others v. State Of West Bengal

2021-05-27Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Shampa Sarkar2 pages

27.05.2021 Item no.30 Court No.28 Avijit Mitra C.R.M. 3745 of 2021 (through video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Jakir Hossain @ Jakir Hossain Sekh & ors. .... petitioners Mr. Saryati Dutta, Mr. Sanjib Kumar Dan ....for the petitioners Mr. Swapan Banerjee, Ms. Purnima Ghosh ...... for the State Apprehending arrest in connection with Mayureswar Police Station Case No.47 of 2021 dated 11.04.2021 under Sections 341/323/325/307/34 of the Indian Penal Code, the present application has been filed.

Mr. Dutta, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated. No overt act has been attributed to the petitioners and in the said conspectus, the petitioners may be granted anticipatory bail on any stringent condition.

Mr. Banerjee, learned advocate appearing for the State has placed before us the injury report and the memo of evidence. Let the documents, as produced, be kept on record. Having heard the learned advocates and considering the nature of allegations, the injury report and the extent of complicity, we are of the opinion that custodial interrogation of the petitioners, is not warranted in the facts and circumstances of the present case.

Accordingly, we direct that in the event of arrest, the petitioners, namely, Jakir Hossain @ Jakir Hossain Sekh, Kiran Sekh @ Abdul Makim Sekh @ Abdul Makim, Tohora Bibi @ Tohere Bibi @ Tahura Bibi and Parvina Bibi @ Parvina Khatun, shall be released on anticipatory 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The Petitioners shall cooperate with the investigation and shall not leave the jurisdiction of Mahureswar Police Station. The petitioners no.1 and 2 shall meet with the investigating officer once a week on and from 7th June, 2021 until further orders.

Accordingly, the application for anticipatory bail being CRM No.3745 of 2021, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)