Md Samiul Islam v. State Of West Bengal

15.11.2021 Serial no. 79 AB Ct. No. 29 (Through Video Conference) CRM 4840 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No.366 of 2020 dated 24.4.2020 under Sections 448/323/325 326/354/427/379/34 of the Indian Penal Code.

-AndIn the matter of: Md. Samiul Islam ... Petitioner Mr. Sekhar Pal, Advocate ... ... For the Petitioner Mr. S. S. Imam, ld. APP, Mr. Arabinda Manna, Advocate ... ... For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was not named in the first information report but included in the charge sheet. The police filed charge sheet. Custodial interrogation of the petitioner is not required. We have heard learned Advocate for the State. Considering the fact that the police filed charge sheet and considering the material in the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date and with a further condition that the petitioner shall appear before the jurisdictional court on every date fixed for hearing.

The prayer for anticipatory bail is allowed.

CRM 4840 of 2021 is disposed of.

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