Sk.Saheb v. State Of West Bengal

14.12.2021 SB Ct. No. 28 CRM 5355 of 2021 In Re : - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chandipur P.S. Case No. of dated 09.06.2020 under Sections 147/148/149/323/325/326/307/506 of the Indian Penal Code. In the matter of : Sk. Saheb Mr. Amal Krishna Samanta .... For the Petitioner Mr. S.S. Imam Mr. Arabinda Manna ... For the State It is submitted on behalf of the petitioner that he was falsely implicated in the instant case.

Learned counsel for the State opposes the prayer for bail. Having considered the materials on record and keeping in mind the nature of the allegations as well as nature of injuries suffered by the petitioner, we are of the opinion that custodial interrogation of the petitioner is not necessary.

Under such circumstances, 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 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further conditions that the petitioner shall appear before the Court below and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus allowed. (Bivas Pattanayak, J.) (Joymalya Bagchi J.)