Selim Shaikh @ Salim Sk And ANR. v. State Of West Bengal

20.09.2024 Court No.29 Item No. 9 Allowed sg CRM (A) 3356 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Palashipara Police Station Case No. 402 of 2023 dated 10.12.2023 under Sections 363/365/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Tehhatta, Nadia. And In Re: Selim Shaikh @ Salim Sk & Anr.

Petitioners Mr. Somnath Adhikary Mr. Biswajit Sarkar Mr. Abdul Aziz Mondal For the Petitioners Mr. Rudradipta Nandy Ms. Sanjana Saha For the State

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

Considering the materials available in the case diary, the nature and extent of involvement of the petitioners in the commission of the alleged offence, and the statement of the victim recorded under Section 164 of the Code of Criminal Procedure which is exonerating in nature, we are of the view that custodial interrogation of the present petitioners is not necessary. 3.

Accordingly, we direct that in the event of arrest the petitioners namely, Selim Shaikh @ Salim Sk and Jahanara Khatun @ Jahannara Bibi @ Jahanara Bibi, shall be released on bail upon furnishing a bond of Rs.2,000/- with two sureties of like amount each, to the satisfaction of Arresting Officer, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik

Suraksha Sanhita. The petitioners shall meet the I.O. as and when required till the submission of final report.

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.) (Uday Kumar, J.)