Attab Sk v. State Of West Bengal

21. 09 . 2020 CRM 6924 of 2020 With CRAN 1 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Palashipara Police Station Case No. 243 of 2020 dated 04.09.2020 under Sections 448/325/307/379/354B/34 of the Indian Penal Code.

BP Sl.49 In the matter of : Attab Sk. & Ors......petitioners Mr. Amanul Islam ..for the petitioners.

Mr. Tanmoy Kumar Ghosh Mr. Arindam Sen ..for the State.

Learned advocate for the petitioners submits that the petitioners are innocent of the charges and they have been falsely implicated in the case. Learned advocate for the petitioners further submits that going by the nature of allegation against the petitioners the custodial detention may not be warranted in the facts and circumstances of the case.

Learned advocate for the State opposes the prayer for bail and produces the case diary which includes the injury report.

We have perused the injury report as also the statements of the other witnesses and on perusal of

the same, we are of the opinion that the custodial detention of the petitioners are not warranted in connection with the instant case.

Accordingly, we allow the prayer for anticipatory bail.

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 each, to the satisfaction of the arresting officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail being C.R.M. 6924 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

(Samapti Chatterjee, J. ) (Tirthankar Ghosh, J.)