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Calcutta High CourtCRM (A)/3641/2024allowed

Sabir Sk v. The State Of West Bengal

2024-10-07Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

07.10.2024 SL No.73 Court No.29 (SSS) CRM (A) 3641 of 2024 In Re:- An application for anticipatory bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023; under Section 483 of the Code of Criminal Procedure, 1973 filed in connection with Nabagram Police Station Case No.164 of 2024 dated 14.04.2024 under Sections 341/302/34 of the Indian Penal Code.

And In the matter of Sabir Sk.

- Petitioner.

Mr. Arindam Sen, Mr. Koushik Biswas, Advs.

....For the State.

1. Heard learned Counsel for the parties.

2. Considering the materials available in the case diary and the nature and extent of complicity of the petitioner in the commission of alleged offence and having regard to the nature of the offending weapon alleged to have been used by the petitioner which may not have resulted in the death of the deceased and having regard to the fact that charge sheet has already been filed, we are of the view of the custodial interrogation of the petitioner is not necessary.

3. Accordingly, we direct that in the event of arrest the petitioner, namely, Sabir Sk., 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, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the BNSS, 2023.

4. It is further directed that the present accused petitioner shall appear before the learned Additional Chief Judicial Magistrate at Lalbagh, Murshidabad within two weeks from date and pray for regular bail.

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.)