Sk. Siddik v. State Of West Bengal

04.02.2021 Item No.89 Ct.No.28 s.d.

Allowed C.R.M. 8555 of 2020 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Sk. Siddik ... Petitioner.

Mr. Sk. Sahajahan Ali ... For the Petitioner.

Mr. S. S. Imam Mr. Subroto Roy ... For the State. Apprehending arrest in connection with Egra Police Station Case No. 420 of 2020 dated 17-08-2020 under Sections 417/376 of the Indian Penal Code, the present application has been filed.

Mr. Ali, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the present criminal proceedings. No overt act has been attributed to the petitioner and in view thereof, custodial detention of the petitioner is not necessary. Mr. Imam, learned advocate for the State opposes the petitioner's prayer.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial detention of the petitioner is not warranted.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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 8555 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.)