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Calcutta High CourtCRM/4352/2021allowed

Bhutu Sk@Yeasin Sk@Yasin And ANR v. State Of West Bengal

2021-10-08Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

08.10.2021 Serial no. 23 Dd (Through Video Conference) CRM 4352 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 161 of 2021 dated 31.03.2021 under Sections 399, 402 of the Indian Penal Code (Corresponding to G. R. Case No. 1686 of 2021) -AndIn the matter of : Bhutu Sk @ Yeasin Sk @ Yasin & Anr. ... Petitioners Mr. Sagar Saha, Advocate ... ... For the Petitioners Mr. S. S. Imam, Mr. Subrato Roy, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated on the basis of the statements of the co-accused. Moreover, the police submitted charge sheet. Therefore, custodial interrogation of the petitioners is not required. Learned advocate appearing for the State refers to the case diary.

Considering the fact that two other co-accused were granted bail by the jurisdictional Court and considering the fact that the police submitted charge sheet, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest, the petitioners shall be released on anticipatory 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 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 and on a further condition that the petitioners shall appear before the jurisdictional Court on every date fixed for hearing. Prayer for anticipatory bail is allowed.

CRM 4352 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)