Jakir Hossain And ORS v. State Of West Bengal

21.01.2022 Item no. 24 Court No.32 Dd CRM 8725 of 2021 (Through Video Conferencing) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Jakir Hossain & Ors.

.... petitioners Mr. Parvej Anam ....for the petitioners Mr. Abhra Mukherjee, Mr. Gautam Banerjee ..... for the State Apprehending arrest in connection with Harischandrapur Police Station Case No. 335 dated 2021 dated 04.05.2021 under Sections 341/324/325/354/308/427/506/34 of the Indian Penal Code, corresponding to G.R. No. 971 of 2021, the present application has been preferred.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary including the injury report, the nature of accusations and the extent of complicity of the petitioners in the alleged offence, we are of the opinion that custodial interrogation is not necessary more so when, upon completion of investigation chargesheet has been submitted.

Accordingly, we direct that in the event of arrest, the petitioners namely, Jakir Hossain, Pimam Ali, Kalimuddin, Nursul Ali, Choton Ali @ Mustak, Jaitun Bibi, Jharna Khatun, Asma Khatun and Nurkesh Bibi shall be released on bail upon

furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each with two sureties of like amount each, 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. The petitioners shall attend the learned Trial Court on all the dates as specified for hearing.

The petitioners shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioners fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel the petitioners' bail without any further reference to this Court. The application for anticipatory bail being CRM 8725 of 2021 is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Ajoy Kumar Mukherjee, J.) (Tapabrata Chakraborty, J.)