Avijit Khan v. The State Of West Bengal

03.07.2024 SL No.11 Court No.29 TN (Allowed) CRM (A) 2062 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Barjora Police Station Case No.93 of 2024 dated 12.05.2024 under Sections 46(A)(C) of B.E. Act.

And In the matter of : Avijit Khan.

- petitioner.

Mr. Soumik Ganguli, Ms. Chandana Chakraborty .... for the petitioner.

Mr. Anishek Sinha, Mr. Sourat Nandy ... for the State.

1. The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated.

2. The learned Counsel for the State in opposing the prayer has referred to the seizure list and other incriminating materials.

3. Considering the nature of the alleged offence and the complicity of the petitioner in the commission of the alleged offence, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner, namely, Avijit Khan 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. The petitioner shall meet the Investigating Signed By :

TANMOY NANDAN High Court of Calcutta 3 rd of July 2024 05:25:44 PM

Officer of the case once in a week or as and when required till submission of the final report and shall not leave the jurisdiction of Barjora Police Station without the permission of the Investigating Officer.

5. It is further directed that the present accused petitioner shall appear before the learned Chief Judicial Magistrate, Bankura in connection with GR case No. 663 of 2024 within two weeks from date and pray for regular bail.

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

7. 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 :

TANMOY NANDAN High Court of Calcutta 3 rd of July 2024 05:25:44 PM