Jamal Sk And ANR v. State Of West Bengal

November 24, 2021

(117) ARDR Allowed CRM 5822 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station case no. 527 of 2020 dated 04/11/2020 under Sections 448/325/326/307/34 of the Indian Penal Code.

In Re : Jamal Sk. & anr.

... petitioners.

Ms. Riya Das, .....for the petitioners Mr. Navanil De, ....for the State Petitioners seek anticipatory bail.

Learned counsel for the petitioners submits that the principal accused was granted by the jurisdictional Court. Two other co-accused were granted bail by the coordinate Bench. He submits that the petitioners stand on the same footing as that of the two other co-accused who were granted bail by the coordinate Bench. He contends that since the police filed charge-sheet, custodial interrogation of the petitioners are not required.

Learned counsel for the State draws the attention of the Court to the injury report.

Considering the material in the case diary and considering the fact that other co-accused were granted bail by the coordinate Bench and jurisdictional Court, the petitioners are granted 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/- 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 further condition that the petitioners shall appear before the jurisdictional Court on every date fixed for trial. .

The application for anticipatory bail is, accordingly, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)