Calcutta High CourtCRM/7080/2020allowed

Syed Tarikul Islam @ Tara And ORS v. State Of West Bengal

2020-09-25Hon'Ble Justice Harish Tandon,Hon'Ble Justice Hiranmay Bhattacharyya2 pages

CRM 7080 of 2020 with CRAN 1 of 2020 25.09.2020 COURT NO. 08 ITEM NO. 08 das/nandy In Re:- An application for bail under section 439 of the Code of Criminal Procedure filed on NIL in connection with Arambagh Police Station Suo Motu Case No. 291 of 2020 dated 04.08.2020 under Sections 186/353/332/506 of the Indian Penal Code and 3/4 of the E.S. Act and P.D.P.D. Act & MPO Act.(G.R. Case No. 763 of 2020) And In the matter of : Syed Tarikul Islam @ Tara & Ors.

...Petitioners

Mr. Suddhadev Adak, Advocate ...for the Petitioners Mr. Tanmoy Kumar Ghosh, Advocate Ms. Sima Biswas, Advocate ...for the State (BAIL - ALLOWED) Petitioners undertake to affirm and stamp the petition/ application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. The application being CRAN 1 of 2020 is accordingly disposed of.

It is submitted by the learned Advocate for the petitioners that because of the fact that the petitioners belong to rival political party, they have been unnecessarily entangled in the instant case and are languishing in jail for more than 46 days.

Learned Advocate appearing for the State opposes the prayer for bail. According to him, there was sufficient materials seized from the house of the petitioners justifying their role into the complicity of the offence. It is further submitted that there was grievous injury and, therefore, the petitioners should not be released on bail. After hearing the respective counsel and on perusal of the articles allegedly seized from the house of the petitioners as well as the medical report, we do not feel that any custodial interrogation of the petitioners is required. Therefore, the prayer for bail is allowed.

Accordingly, the petitioners, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of Rs.5,000/- each, one of whom must be local to the satisfaction of learned Additional Chief Judicial Magistrate, Arambagh, subject to the condition that they shall meet the Investigating Officer as and when required.

The application being CRM 7080 of 2020 is accordingly disposed of.

(Hiranmay Bhattacharyya, J) (Harish Tandon, J)