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Calcutta High CourtCRM/6376/2021allowed

Anikul Sk @ Anikul Islam v. State Of West Bengal

2021-09-28Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee1 pages

28.09.2021 tkm/ct 29 C.R.M. 6376 of 2021 sl no. 41 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bhagwangola P.S Case no. 278 of 2021 dated 18.6.2021 under sections 341/323/325/307/506/34 of the IPC And Allowed In Re : Anikul Sk @ Anikul Islam ...... petitioner Ms. Riya Das ...... for the petitioner Mr. Sujan Chatterjee ...... for the State Petitioner seeks anticipatory bail.

Learned advocate for the petitioner submits that the compliant against the petitioner is a counter-blast of the complaint lodged by the petitioner. He submits that the petitioner was falsely implicated in the instant case. Moreover, since police submitted charge sheet, custodial interrogation of the petitioner is not necessary.

Learned advocate for the State draws the attention of this Court to the contents of the case diary and particularly to the injury report.

Considering materials in the case diary and considering the fact that the police submitted charge sheet and that there is case and counter case between the parties, 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/- 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. Petitioner shall appear before the jurisdictional court and pray for regular bail within four weeks from date. The application being CRM 6376 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)