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Calcutta High CourtCRM (A)/3241/2024allowed

Md. Shayd Ali Khan @ Sahed @ Milan @ Md. Shayed Ali v. The State Of West Bengal

2024-09-11Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas2 pages

11.09.2024 Court No.29 Item No. 36 Allowed sg CRM (A) 3241 of 2024 In Re:- An application for anticipatory bail under Section 482 of the BNSS, in connection with Khanakul Police Station Case No. 361 of 2024 dated 03.07.2024 under Sections 329(4)/115(2)/117(2)/118(2)/76/351(2)/352/3(5) of BNS, pending before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly. And In Re: Md. Shayd Ali Khan @ Sahed @ Milan @ Md. Shayed Ali Petitioner Mr. Niladri Sekhar Ghosh Ms. Labani Sikder For the Petitioner Mr. Joydeep Biswas Ms. Ayana Dey For the State

1. We have heard the learned Counsel for the parties. 2.

Considering the materials available in the case diary, the statement of the victim directly implicating one Amar Faruq, the principal assailant and also taking into consideration that no specific overt act has been alleged against the petitioner as to physical assault, we are of the view that custodial interrogation of the present petitioner is not necessary. 3.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Md. Shayd Ali Khan @ Sahed @ Milan @ Md. Shayed Ali, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, 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 corresponding to Section 482(2) of Signed By :

SANJIB GHOSH High Court of Calcutta 12 th of September 2024 11:20:39 AM

the Bharatiya Nagarik Suraksha Sanhita. The petitioner shall meet the I.O. once in a week till the submission of the final report. The petitioners shall appear before the learned Additional Chief Judicial Magistrate, Arambagh, Hooghly, within two weeks from date.

4.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

5. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Prasenjit Biswas, J.)