Rahul Sk. @ Sheikh v. State Of West Bengal

04.01.2022 IN THE HIGH COURT AT CALCUTTA Sl.No. 253 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No. 32 APPELLATE SIDE Amalranjan (Via Video Conference) CRM No. 7742 of 2021 Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

Allowed In the matter of : Rahul Sk @ Sheikh ..... Petitioner Mr. Kaustav Bagchi Mr. D. Ghosh Mr. Sourav Mukherjee ...for the Petitioner Mr. S.S. Imam Mr. Arabinda Manna ...for the State Apprehending arrest in connection with Nowda Police Station Case No. 163 of 2021 dated 13.07.2021 under Sections 341/325/307/354/379/427 and 34 of the Indian Penal Code, the petitioner has filed the present application. Mr. Bagchi, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in a dispute pertaining to installation of an iron pole. The allegations are omnibus in nature and upon completion of investigation chargesheet has already been submitted. As such, custodial detention of the petitioner is not necessary.

Mr. Imam, learned advocate appearing for the State opposes the prayer for anticipatory bail of the petitioner and draws our attention to several documents in the case diary including the statement of the witnesses and the injury report.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the nature of allegations, the injury report and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that his custodial interrogation is not warranted, moreso when upon completion of investigation, charge sheet has been submitted.

Accordingly, we allow this application and direct that in the event of arrest the petitioner, namely, Rahul Sk. @ Sheikh 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, subject to the satisfaction of the Arresting Officer and 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 not tamper with the evidence and/or intimidate the witnesses. He shall also attend learned court below on all the dates, as specified for hearing.

In the event, the petitioner fails to comply with the aforesaid directions, without any justifiable case, the learned

court below shall be at liberty to cancel their bail, in accordance with law, without further reference to this court. The application for anticipatory bail, being CRM 7742 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)