Calcutta High CourtCRM/7076/2020allowed

Md Samsul Haque And ORS v. State Of West Bengal

2020-09-28Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

28.09.2020 Sl. No.41 akd [ALLOWED] C. R. M. 7076 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.09.2020 in connection with Harishchandrapur Police Station Case No. 531 of 2020 dated 14.08.2020 under Sections 341/326/307/325/34/302 of the Indian Penal Code. (GDR Entry No. 488) And In Re: Md. Samsul Haque & Ors.

... ... Petitioners Mr. Robert D. Rozario .. Advocate Md. Safiur Rahaman .. Advocate Mr. Manoj Kurmi .. Advocate ... ... for the petitioners Mr. Arijit Ganguly .. Advocate Mr. Goutam Wilson .. Advocate ... ... for the State Petitioners undertake to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 is accordingly, disposed of.

It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the statements of witnesses recorded under Section 164 of the Code of Criminal Procedure. Keeping in mind the extent of complicity of the petitioners in the alleged crime, we are inclined in granting pre-arrest bail to them.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Md. Samsul Haque, (2) Mojibur Rahaman & (3) Abdur Rahaman, 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.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)