Ainul Sk Alias Ainul Haque Mondal And ORS v. State Of West Bengal

21. 09 . 2020 CRM 6950 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 Bhagwangola Police Station Case No. 421 of 2020 dated 02.09.2020 under Sections 341/325/307/34 of the Indian Penal Code.

BP Sl.60 In the matter of : Ainul Sk. @ Ainul Haque & Ors..... petitioner Mr. Somnath Adhikari ..for the petitioner.

Mr. Goutam Wilson ..for the State.

Learned advocate for the petitioners submits that the petitioners are innocent of charges and have been falsely implicated by the complainant. Learned advocate for the petitioners further submits that going by the allegations the custodial detention of the petitioners may not be required.

Learned advocate for the State opposes the prayer for anticipatory bail and draws the attention of this court to the memorandum of evidence along with the referred injury mentioned by the investigating officer of the case.

We have taken into account the memorandum

of evidence and the nature of allegation and the complicity of the present petitioners and on appreciation of the same, we are of the opinion that the custodial detention of the petitioners are not required for the sake of investigation of the 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.

However, the petitioners are directed to meet with the investigating officer of the case once in a week until further orders.

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. 6950 of 2020 and C.R.A.N. 1 of 2020 are disposed of.

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