Adil Sk v. State Of West Bengal

03.07.2024 SL No.24 Court No.29 (gc) (Allowed) CRM (A) 2075 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Lalgola Police Station Case No.604 of 2021 dated 10.08.2021 under Sections 341/325/307/34 of the Indian Penal Code. And In the matter of : Adil Sk - Petitioner.

Md. Golam Nure Imrohi, Ms. Arundhuti Barai ....For the Petitioner.

Mrs. Faria Hossain, Ms. Diksha Ghosh ... For the State.

1. The learned Counsel for the petitioner submits that the petitioner is the cousin of the de facto complainant and due to family dispute he has been falsely implicated.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the neighbours recorded under Section 161 of the Cr.P.C. and the injury report.

3. Considering the materials available in the case diary and the nature and involvement of the petitioner in the commission of the alleged offence and having regard to the fact that three of the co-accused have been granted anticipatory bail by the learned Sessions Judge, Murshidabad (In-charge) in Crl. Misc. Case No.5857/2021 and on the basis of the statement recorded under Section 161 of the Cr.P.C., it appears that the persons who have Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 3 rd of July 2024 05:25:10 PM

been granted anticipatory bail stands on the same footing as that of the petitioner and also having regard to the fact that the charge-sheet has already been filed, we are of the view that the custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Adil Sk, shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad in connection with G.R. Case No.2434 of 2021 and pray for regular bail within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 3 rd of July 2024 05:25:10 PM