Rejaul Karim Alias Sk Reja v. State Of West Bengal

16.12.2021.

40.

as (Allowed).

C.R.M. 5950 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar P. S. Case No.1042 of 2019 dated 14.10.2019 under Sections 143/144/149/ 186/225/353/32 /333/ 436/506/ 120B of the Indian Penal Code and Section 9 of Maintenance of Public Order Act and Sections 3 and 4 of Prevention of Damage to Public Property Act.

In the matter of : Rejaul Karim @ Sk. Reja.

... Petitioner.

Mr. Salman Hasan, Mr. Steven Biswas, Mr. Aniruddha Ganguly.

...for the Petitioner.

Mr. Bidyut Kr. Roy, Ms. Rita Datta.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that over selfsame fact two criminal cases were registered. Petitioner has been granted pre-arrest bail in one of the cases being English Bazar P. S. Case No.1041 of 2019 in C.R.M.5953 of 2021.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail. He submits petitioner along with others had ransacked the police station.

We have considered the materials on record. Incident occurred in the course of a public agitation. Specific overt act is not disclosed from the statements of witnesses and the

injuries appearing from the medical papers are simple in nature.

Under such circumstances, we are of the opinion that custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner 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 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 trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)