Calcutta High CourtCRM/7645/2021allowed

Sk. Makbul v. The State Of West Bengal

2021-11-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. 7645 of 2021 (Via Video Conference) (AD) 26.11.2021 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 22.11.2021 in connection with Illambazar P.S. Case No. 74 dated 27/03/2021 under Sections 143/448/325/326/307/354B/506 of the Indian Penal Code (corresponding to G.R. Case No. 324/2021). And In the matter of: Sk. Makbul ....petitioner.

Mr. Sanjib Kumar Dan Mr. Saryati Datta ...for the petitioner.

Mr. Anowar Hossain Ms. Ratna Ghosh ...for the State.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that all other co-accused were granted anticipatory bail by the jurisdictional Court excepting the petitioner. The petitioner was falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the injury report and the statement of the injured recorded under Section 161 of the Code of Criminal Procedure.

Considering the fact that the statement of the injured names all the other persons who were granted anticipatory bail by the jurisdictional Court and considering the fact that the petitioner is also named in the statement as that of the other coaccused and considering the fact that other co-accused were granted anticipatory bail by the jurisdictional Court, we 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 and on further condition that the petitioner shall meet the Investigating Officer once a month until further orders and that he shall appear before the jurisdictional Court and pray for regular bail within four weeks from date. The application for anticipatory bail being C.R.M. 7645 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)