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Calcutta High CourtCRM/8994/2021allowed

Kamal Sk @ Jahrul Islam v. State Of West Bengal

2022-01-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. 8994 of 2021 (Via Video Conference) (AD) 25.01.2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Rampurhat P.S. Case No.78 of 2021 dated 23/02/2021 under Sections 341/325/326/307/506/34 of the Indian Penal Code, 1860. And In the matter of: Kamal Sk. @ Jahurul Islam ....petitioner.

Mr. Rajdeep Mazumder Mr. Moyukh Mukherjee Mr. S.M. Burhanuddin ...for the petitioner.

Mr. Sujan Chatterrjee ...for the State.

Leave is granted to amend the cause-title.

Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The victim is a known criminal and was on bail at the time of the incident. Learned Advocate appearing for the State draws the attention of the Court to the contents in the case diary. Considering the fact that the petitioner is not named as the main assailants of the victim and considering the fact that the petitioner stands on the different footing as that of the other assailants, 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 fortnight till the conclusion of the investigation and that the petitioner 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. 8994 of 2021 is, thus, disposed of.

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