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Calcutta High CourtCRM/8512/2021allowed

Anil Kisku And ORS v. State Of West Bengal

2021-12-21Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

21.12.2021 tkm/ct 28 C.R.M. 8512 of 2021 sl no. 79 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Gazole P.S Case no. 550 of 2020 dated 1.12.2020 under sections 195A/506/34 of the IPC And Allowed In Re : Anil Kisku & Ors.

...... petitioners Mr. A Patra ...... for the petitioners Mr. Iqbal Kabir ...... for the State Leave is granted to correct the cause title of the petition. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.

Learned lawyer for the State submits that the petitioners are threatening witnesses.

Having considered materials on record and bearing in mind the nature of allegations, we are of the opinion though custodial interrogation of the petitioners is not necessary, movement of the petitioners requires to be regulated in order to instill confidence in the mind of the witnesses.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- each with two sureties of like amount, to the satisfaction of the Arresting Officer and also be 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 while on bail shall not enter the jurisdiction of Gazole P.S. until further orders except for the purpose of investigation and attending court proceeding and shall report to the concerned officer in charge within whose jurisdiction they shall reside while on bail once in a week until

further orders and shall provide the address where they shall presently reside while on bail to the investigating officer as well as court below.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM 8512 of 2021 is disposed of. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)