Calcutta High CourtCRM/4707/2021allowed

Nuruddin Khan@Nuruddin Khan And ANR v. State Of West Bengal

2021-12-03Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Krishna Rao2 pages

03.12.2021 Ct. No. 29 KAUSHIK Allowed C.R.M. 4707 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jangipara Police Station Case No. 80 of 2020 dated 22.05.2020 under Sections 147/148/149/447/427/504/506 of the Indian Penal Code, 1860 with Section 304 of the E.S. Act and Sections 25/27 of the Arms Act.

And In Re : Nuruddin Khan @ Nurouddin Khan & Anr. ...... petitioners Mr. Kallol Mondal Mr. Krishan Roy Mr. M. A. Sk.

Mr. Sk. Ismail Ms. Amrita Chel ....for the petitioners Mr. Prasun Kumar Dutta Mr. Subrata Roy ....for the State Leave granted to correct the cause title.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioners are not named in the First Information Report. No injuries were suffered. Police filed charge-sheet and, therefore, custodial interrogation of the petitioners are not required.

Learned advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure (Cr. P. C.).

The statement shown to the Court named one of the petitioner. There are no injuries.

Considering the fact that the police filed charge-sheet and considering the materials in case diary, the gravity of the offence and the complicity of the petitioner therein, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Krishna Rao, J.)