Imran Khan v. State Of West Bengal

06.10.2020 SL No.32 Court No.11 (gc) (Allowed) CRM 7331 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Galsi P.S. Case No.189/2020 dated 06.04.2020 under Sections 407 read with Section 120B of the Indian Penal Code.

And In the matter of: Imran Khan ....Petitioner.

Mr. Pawan Gupta, ...for the Petitioner.

Mr. Imran Ali, Mr. Mirza Firoj Ahmed Begg ...for the State.

The petitioner undertakes to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case. He was only a transporter. He is not involved in the commission of alleged offence. The learned Counsel appearing on behalf of the State, however, opposes the prayer for anticipatory bail. It is submitted that valuable documents have been seized during investigation directly implicating the petitioner.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner, we are of the opinion

that though the custodial interrogation may not be necessary, however, movement of the petitioner should be restricted for the sake of the proper investigation. In the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the conditions as laid down under Section 438(2) of the Cr.P.C., 1973 and on further condition that the petitioner shall meet the investigation officer once in a week until further orders. The petitioner shall pray for regular bail within 30th November, 2020.

The application for anticipatory bail being CRM 7331 of 2020 is allowed.

All parties are to act on a website copy of this order on the usual undertaking.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)