Sk Muslim And ORS. v. State Of West Bengal

04.10.2024 Court No.29 Item No. 26 Allowed ar CRM (A) 3564 of 2024 In Re:- An application for anticipatory bail under 482 of the Bharatiya Nyaya Sanhita, 2023 in connection with Bankura Police Station Case No. 248 of 2024 dated 20.08.2024 corresponding to G.R Case No. 1118 of 2024 under Sections 318(4) of the BNS.

And In Re: Sk Muslim & Ors.

Petitioners Mr. Imtiaz Ahmed Mrs. Swapna Roy Mrs. Ghazala Firdaus Mr. Sk. Saidullah Mr. Debopam Roy Mr. Mithun Mondal Md. Arsalan For the Petitioners Ms. Zareen Khan Ms. Trisha Rakshit For the State

1. The petitioners are associated with one A.N Charitable Trust. It is alleged that due to political vendetta a false complaint has been lodged against the present petitioners. It is further submitted that the principal accused Sonali Soren, who was enlarged on bail.

2. Learned counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the complainant and one victim and submits that all the petitioners are involved in collecting money in lieu of giving jobs.

3. 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 also having regard to the fact that the name of the petitioner nos. 1 and 2 have not been mentioned by one of the victims and considering the

role ascribed to the petitioner no. 3 in the allege offence, we are of the view that custodial interrogation of the petitioners is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Sk Muslim, Ujaruddin Shaikh and Manasha Soren shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023. The petitioner nos. 1 and 2 shall meet the Investigating Officer once in a fortnight till the submission of the final report and the petitioner no. 3 shall cooperate with the investigation till the submission of the final report and on further condition that the petitioners shall appear before the learned Chief Judicial Magistrate, Bankura, within 10 days from date in connection with G.R Case No. 1118 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioners is allowed and the same is accordingly disposed of.

6. 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)