Sunil Majhi And ORS. v. State Of West Bengal

11.07.2024 Court No.29 Item No. 47 Allowed sg CRM (A) 2347 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 400 of 2022 dated 28.05.2022 under Sections 341/323/325/308/34 of the Indian Penal Code, pending before the learned Chief Judicial Magistrate at Malda. And In Re: Sunil Majhi & Ors.

Petitioners Mr. Arup Kumar Bhowmick For the Petitioners Ms. Amita Gour Mrs. Rituparna Saha For the State 1.

The learned Counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the instant case. A false complainant was lodged due to previous grudge. 2.

The learned Counsel for the State, in opposing the prayer for anticipatory bail, has produced the case diary which contains the injury report. 3.

Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of alleged offence as revealed from the case diary and having regard to the fact that charge sheet has already been filed, we are of the view that custodial interrogation of the present petitioners is not necessary.

4.

Accordingly, we direct that in the event of arrest the petitioners namely, Sunil Majhi, Debashis Majhi @ Deba and Shefali Majhi @ Sefali, 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 learned Signed By :

SANJIB GHOSH High Court of Calcutta 12 th of July 2024 11:25:33 AM

Chief Judicial Magistrate at Malda, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to further condition that the petitioners shall appear before the trial court on each and every date of hearing until further orders.

5.

In the event the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without any further reference to this Court. 6.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed. 7.

CRM (A) 2347 of 2024 is, thus, disposed of.

8. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Uday Kumar, J.)