Obaidur Rahaman And ANR v. State Of West Bengal

30.05.2022.

f.b./s.b.

Allowed In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2431 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23rd May, 2022 in connection with Harirampur Police Station Case No. 102 of dated 29th April, under sections 341/325/326/307/34 of the Indian Penal Code corresponding to G. R. Case No. 475 of 2022.

and In the matter of : Obaidur Rahaman & Anr.. .petitioners Mr. Sarthak Burman ...For the petitioners.

Mr. Narayan Prasad Agarwal, Mr. Ashok Das ...For the State.

Petitioners seek anticipatory bail.

We have heard the learned counsel for the parties. It is submitted by the learned counsel for the petitioners that one of the accused persons has been granted anticipatory bail by the court below. The present petitioners are similarly circumstanced.

Learned advocate appearing for the State opposes the prayer for anticipatory bail of the petitioners but not vehemently.

Considering the gravity of the offence and the alleged involvement of the petitioners therein and also considering the case diary, the injury of the victim, we are of the view

that immediate custodial interrogation of the petitioners may not be necessary. The petitioners are granted anticipatory bail Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing Bonds of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, 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 meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioners shall apply for regular bail within four weeks before the Court below . The application for anticipatory bail, being CRM(A) 2431 of 2022 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities.

(Subhendu Samanta, J.) (Arindam Mukherjee, J.)