Calcutta High CourtCRM (A)/3162/2024allowed

Md. Zakir Hossain And ORS v. The State Of West Bengal

2024-09-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Shampa Dutt (Paul)2 pages

09.09.2024 SL No.32 Court No.29 (gc) (Allowed) CRM (A) 3162 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Harishchandrapur Police Station Case No.548 of 2024 dated 29.06.2024 under Sections 341/323/325/326/34 of the Indian Penal Code.

And In the matter of : Md. Zakir Hossain & Ors.

- Petitioners.

Mr. Rhiddhiman Mukherjee, Mr. Arkapravo Roy ....For the Petitioners.

Mr. Saibal Bapuli, Mr. Arani Bhattacharyya ... For the State.

1. Heard the learned Counsel for the parties.

2. Considering the materials available in the case diary, the nature and extent of complicity of the present petitioners in the commission of the alleged offence, the nature of injury which appears to be simple and the circumstances in which such incident had taken place, we are of the view that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Md. Zakir Hossain, Ismaile @ Ismail, Jahangir Alam, Md. Saidur Islam @ Md. Saidur Rahaman, Md. Ajij @ Ajij, Abdul Mokim @ Mokim @ Abdul Mokik, Faruk Ali @ Faruk, Hebjur Rahaman @ Hebjur and Khalilur Rahaman @ Khalil, shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two registered sureties of like amount each, to the Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 10 th of September 2024 02:50:33 PM

satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further condition that the petitioners shall meet the I.O. once in a week till the submission of the final report.

4. It is further directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate, Chanchal, Malda in connection with G.R. Case No.1829 of 2024 within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Shampa Dutt (Paul), J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 10 th of September 2024 02:50:33 PM