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Calcutta High CourtCRM/7937/2020disposed

Sk Mustak Alias Sk Mustak Ali And ORS v. State Of West Bengal

2020-10-20Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Arijit Banerjee2 pages

20.10.2020 D.L. No.30 Bpg.

CRM 7937 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No.389/2020 dated 01.08.2020 corresponding G.R. Case No.1361/20 under Sections 341/323/324/325/307/506/34 of the Indian Penal Code.

And In the matter of: Sk Mustak @ Sk Mustak Ali and others

...Petitioners.

Mr. Ramashis Mukherjee ...for the petitioners.

Mr. Bidyut Kumar Roy Ms. Rita Datta ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners say that even the principal accused has been enlarged on bail, which the State disputes. According to the State, the principal accused is Hamid Ali and he has been arrested. The State stays that the present petitioners were all seen together with the principal accused and the petitioners are generally notorious and known in the locality. It appears that one of the injured has received serious injuries; but the role of the present petitioners is unclear.

Considering the material against the petitioners, there may not be any need to take the petitioners into custody at this stage as long as they cooperate with the investigation.

In the event of arrest, the petitioners will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) only each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 7937 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Arijit Banerjee, J.)