Calcutta High CourtCRM (A)/3308/2024allowed

Israfil Sk And ANR. v. State Of West Bengal

2024-09-17Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

17.09.2024 AD-34 Court No.29 TN (Allowed) CRM (A) 3308 of 2024 In Re:- An application under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Khargram Police Station Case No. 235 of 2024 dated 29.06.2024 under Sections 341/323/325/308/34 of the IPC.

And In the matter of: Israfil Sk and another .... petitioners Md. Jannat Ul Firdous ....for the petitioners Ms. Baisali Basu, Ms. Sreetama Das ....for the State

1. Considering the materials available in the case diary, the nature and extent of complicity of the petitioners in the commission of the alleged offence and the nature of the injury which does not appear to be grievous in nature and also having regard to the background facts, we are of the view that custodial interrogation of the petitioners is not necessary.

2. Accordingly, we direct that in the event of arrest, the petitioners, namely, Israfil Sk and Monirul Islam @ Manirul Islam respectively shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered 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, corresponding to Section 482(2) of the BNSS, 2023.

3. The petitioners shall meet the Investigating Officer once in a week till submission of the final report.

Signed By :

TANMOY NANDAN High Court of Calcutta 18 th of September 2024 10:55:24 AM

4. It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate, Kandi, Murshidabad 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.) (Uday Kumar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 18 th of September 2024 10:55:24 AM