Khainul Sk @ Mainul Sk And Another v. State Of West Bengal
08.10.2021 Serial no. 28 Dd (Through Video Conference) CRM 4380 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 124 of 2019 dated 09.07.2019 under Sections 363/ 365/ 366/ 34 of the Indian Penal Code. -AndIn the matter of : Khainul Sk @ Mainul Sk & Anr. ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan, Advocates ... ...For the State Petitioners seek anticipatory bail.
Learned advocate appearing for the petitioners submits that there was a long standing relationship between the petitioner no. 2 and the daughter of the de facto complainant. The petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the contents in the case diary and the statements recorded under Section 164 of the Criminal Procedure Code of the daughter of the de facto complainant. Considering the statements recorded under Section 164 of the Criminal Procedure Code and considering the materials in the case diary and the fact that 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 4380 of 2021 is disposed of.
(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)