Sandip Modak And ANR v. State Of West Bengal

18.02.2021 Court No.28 Item No. 144 Krishnendu Allowed C.R.M. 8444 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure ;

And In Re : Sandip Modak & Anr.

....Petitioners.

Mr. Atis Kumar Biswas Mr. Amit Singh ....for the Petitioners.

Mr. Imran Ali Mr. Mirza Firoz Ahmed Begg ... for the State.

Apprehending arrest in connection with Tehatta P. S. Case No. 397 of 2020 dated 19.09.2020 under Sections 376/417/506/120 of the Indian Penal Code, the petitioners have filed the present application.

The learned advocate for the petitioners submits that the petitioner no. 1 is the son-in-law and the petitioner no. 2 is the daughter of one Bidesh Halder, who has also been made accused by the complainant for the alleged offences. The learned advocate further submits that the petitioners are innocent of the charges and there are no specific role attributed by them towards the commission of the alleged offences and as such they may be granted the privilege of anticipatory bail.

Mr. Begg, learned advocate appearing for the State draws the attention of this Court to the statement of the victim recorded under section 164 of the Code of Criminal Procedure. We have assessed the materials appearing in the case diary along with the statement of the victim recorded under section 164 of the Code of Criminal Procedure. Having regard to the complicity of the present petitioners, as revealed in the statement of the victim recorded under section 164 of the Code of Criminal Procedure, we are of the opinion that custodial detention of the petitioners are unwarranted in this case. As such, the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, in the event of arrest the petitioners, viz. 1. Sandip Modak and 2. Asha Modak, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail, being CRM 8444 of 2020, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)