Akibur Ali Sarkar v. State Of West Bengal

28.09.2020 b.das CRM 6835 of 2020 With IA No.CRAN/1/2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tapan P.S. Case No.235 of 2020 dated 31.07.2020 under Sections 306/34 of the Indian Penal Code.

And In the matter of: Akibur Ali Sarkar & Anr.

....Petitioners.

Mr. Subrata Saha ...for the Petitioners.

Mr. Ashok Das ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within a month of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The application being CRAN No.1 of 2020 is disposed of. It is submitted on behalf of the petitioners that they are the friends of the principal accused, who is in custody. Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioners had assisted the principal accused to delete the conversation between him and the victim girl, who subsequently committed suicide.

Having considered the materials on record and bearing in mind the extent of complicity of the petitioners which relates to destruction of

material evidence and as the principal accused is already in custody, we are of the view the petitioners may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6835 of 2020 is disposed of.

The parties shall act in terms of the copy of the order downloaded from the official website of this Court.

(Kausik Chanda, J.) (Joymalya Bagchi, J.)