Kinar Sk And ORS v. State Of West Bengal

C.R.M (A) 4966 of 2022 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

ASR /S.

17.10.2022 Bane rjee 171..

In Re : Kinar Sk. & Ors.

....Petitioners Mr. Partha Sarathi Das Md. Hafis Ali ...for the petitioners Mr. Sudip Ghosh Mr. Bitasok Banerjee ......for the State This is an application for anticipatory bail. Considering the fact that the alleged offence was committed sometime 2020 and the complainant detected the said offence two years later in 2022, we are of the view that custodial interrogation of the petitioners is not necessary. The petitioner shall, however, be subjected to the condition of 438(2) of the Code of Criminal Procedure and not leave the jurisdictional police station without leave of the Officer in charge of the concerned police station. The prayer for anticipatory bail is allowed.

In the event of arrest the petitioners shall be released on bail upon furnishing bond of Rs. 10,000/ (rupees ten thousand only) each with two sureties of like amount, one of whom shall be local and to

the satisfaction of the arresting officer, the petitioners shall be subjected to the condition under Section 438 (2) of the Code of Criminal Procedure and the petitioner shall make themselves available for trial before the learned court below as and when the petitioners are called to do so. CRM (A) 4966 of 2022 is accordingly allowed and disposed of.

In the event, the petitioners fail to comply with the above condition, the learned court below shall be at liberty for canceling the order without further reference to this court.

(Moushumi Bhattacharya, J.) (Saugata Bhattacharyya, J.)