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Calcutta High CourtCRM/4133/2021allowed

Siddik Ali And Others v. State Of West Bengal

2021-12-16Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

16.12.2021 Sl. No.12 akd [ALLOWED] C. R. M. 4133 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16.06.2021 in connection with Itahar Police Station Case No. 204 of 2020 dated 07.07.2020 under Sections 448/323/324/325/326/307/34 of the Indian Penal Code. (G.R. Case No.1102 of 2020) And In Re: Siddik Ali & Ors.

... ... Petitioners Mr. Anindya Ghosh Mr. Sudip Guha ... ... for the petitioners Mr. Tanmoy Kr. Ghosh Mr. Arindam Sen ... ... for the State It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the nature of allegations as well as the nature of injuries which does not appear to be grievous, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Siddik Ali, (2) Sarif Sekh & (3) Mansur Ali, 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 and on further condition that the petitioners shall

appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)