← Library
Calcutta High CourtCRM (A)/4462/2022allowed

Samiul Sk v. State Of West Bengal

2022-09-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4462 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Farakka Police Station Case No. 194 of 2022 dated 21.06.2022 under Sections 341/307/379/34 of the Indian Penal Code, 1860.

And In Re : Samiul Sk ...... petitioner Ms. Sreyashee Biswas Ms. Benazir Hasna ....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Pritha Paul ....for the State The First Information Report was lodged subsequent to an order passed by the learned Additional Chief Judicial Magistrate under Section 156(3) of the Code of Criminal Procedure (Cr.P.C.). The 156(3) Cr.P.C. petition was lodged after 27 days of the incident.

Considering the gravity of the offence, the involvement of the petitioner therein and the materials in the case diary, 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 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 shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)