Bakul Sk v. State Of West Bengal

Sl.

13.

September 29, 2020 C.R.M. 7271 of 2020 With C.R.A.N. 1 of 2020 (Via Video Conference) In the matter of : An application for anticipatory bail under Section 439 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 565 of 2018 dated June 9, 2018 under Sections 341/188/332/353/307/120B/34 of the Indian Penal Code read with Section 3 of the Prevention of Damage to Public Property Act; And In the matter of : Bakul Sk ...petitioner.

Versus

State of West Bengal ...opposite party.

Mr. Ayan Bhattacharya, Mr. Sagar Saha, ...for the petitioner.

Mr. Binoy Kumar Panda, Ms. Pushpita Saha, ...for the State.

The petitioner undertakes to appropriately affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner has been in custody for more than eight hundred days and the principal charge is under Section 307 of the Penal Code. The State says that the petitioner is a known wrong-doer and involved in many other criminal cases.

However, the injury report does not reveal any severe injury. Considering the material and the fact that the petitioner has suffered detention for

more than two years, the further detention of the petitioner may not be necessary at this stage.

The petitioner will be enlarged on bail upon furnishing security of Rs. 10,000/-, with two sureties of like amount, one of whom must be local, to the satisfaction of the appropriate Court in Malda. The petitioner will also attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this court. CRM 7271 of 2020 along with interim application therein are disposed of.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. ) ar