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Calcutta High CourtCRM/5608/2021allowed

Sintu Sk @ Merajul @ Sontu Sk And ORS v. State Of West Bengal

2021-09-07Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee1 pages

07.09.2021 tkm/ct 29 C.R.M. 5608 of 2021 sl no. 39 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S Case no. 349 of 2014 dated 11.5.2014 under sections 341/307/311 of the IPC read with sections 25/27 of the Arms Act And Allowed In Re : Sintu Sk. @ Merajul @ Sontu Sk & Ors. ...... petitioners Mr. M Chatterjee ...... for the petitioners Mr. S G Mukherjee, ld PP Mr. P P Das Ms. Manasi Roy ...... for the State Petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that some of the accused persons were granted bail/anticipatory bail. Police submitted charge sheet. Therefore, custodial interrogations of the petitioners is not necessary.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that the petitioners cannot claim parity with the other persons who were granted anticipatory bail. Considering the facts and circumstances of the case and considering the fact that charge sheet has already been submitted, 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 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 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioners shall appear before the court below and pray for regular bail within four weeks from date. The application being CRM 5608 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)