Rahamatulla Sk @ Rahamatullah Sk And ORS v. The State Of West Bengal

09.7.2024 SL No.27 Ct No. 29 SB CRM (A) 2240 of 2024 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Rejinagar Police Station Case No. 90 of 2024 dated 11.4.2024 under Sections 143/341/325/326/307/354 of Indian Penal Code and Sections 3 / 4 of the Explosive Substances Act.

And Rahamatulla Sk. @ Rahamatullah Sk. & Ors.

Vs.

The State of West Bengal Mr. Kingsuk Mondal Mr. Partha Sarathi Mondal ... for the petitioners.

Mr. Imran Ali Mr. Asraf Mondal ... for the State 1.

The learned counsel for the petitioners submits that due to previous grudge and enmity a false complaint has been lodged against the petitioners.

2.

Learned counsel for the State has produced the case diary and the statement of the witnesses recorded under Section 161 of Code of Criminal Procedure.

3.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and the nature of injury which is classified as simple in nature, we are of the opinion that custodial interrogation of the petitioner is not necessary.

4.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer of the case once in week or as and when required and shall not leave the jurisdiction of the Rejinagar Police Station without the permission of the Investigating Officer till the submission of the final report.

5.

It is further directed that the present petitioner shall appear before the learned Chief Judicial Magistrate, Murshidabad at Berhampore in connection with G.R. Case No. 1776 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. (Uday Kumar, J.) (Soumen Sen, J.)