Suraj Sk. And ORS. v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

Criminal Miscellaneous Jurisdiction 02-12-2021 Item no.56 Subrata allowed CRM No.4842 of 2021 Suraj Sk & Ors.

-vsThe State of West Bengal In Re: An application for anticipatory bail under Section 438 CrPC in connection with Pukuria P.S. Case No.94 of 2021 dated March 14, 2021 under sections 341/376/511/307/34 IPC.

Mr. Musharaff Alam Sk. ...for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ... for the State The four petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that out of five accused, one was granted anticipatory by the jurisdictional court and that the petitioners were falsely implicated in this case. Learned advocate for the State draws the attention of the statement recorded under section 164 CrPC and to the medical report. We are told that the police filed charge-sheet against the petitioners.

Considering the statement recorded under section 164 CrPC and considering the fact that the victim refused to undergo medical examination and that police filed charge-sheet, we are inclined to grant the petitioners anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on 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 also subject to the conditions laid down under section 438(2) CrPC ; and on further condition that they shall appear before the jurisdictional court on the dates of trial and also pray for regular bail within four weeks from date.

The application for anticipatory bail being CRM No.4842 of 2021 is thus disposed of.

[Debangsu Basak, J] [Bibhas Ranjan De, J]