Faraj Ali Sk. Alias Faraj Sk. v. State Of West Bengal

28.06.2021 Court No.30 Item No. 05 Krishnendu Allowed CRM 8826 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure;

And In Re : Faraj Ali Sk. @ Faraj Sk.

Petitioner Mr. Jisan Iqubal Hossain For the Petitioner Mr. Rana Mukherjee Mrs. Sujata Das For the State Apprehending arrest in connection with Beldanga P.S. Case No. 126 of 2019 dated 22.03.2019 under sections 341/326/307/34 of the Indian Penal Code, 1860 and sections 25/27 of the Arms Act, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in this case. No overt act has been attributed to the petitioner. Upon completion of investigation, charge sheet has also been filed and as such custodial interrogation of the petitioner is not necessary The learned advocate appearing for the State opposes the petitioner's prayer for anticipatory bail and draws our attention to several documents in the case diary.

Having heard the learned advocates appearing for the respective parties and considering the materials in the case diary, the injury report, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial interrogation of the petitioner is not warranted in the facts and circumstances of this case. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner, namely, Faraj Ali Sk. @ Faraj Sk., shall be released on bail upon furnishing a bond of Rs.10,000/- 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 and with a further condition that the petitioner shall meet with the Officer-in-Charge of Beldanga Police Station once a week on and from 8th July, 2021 until further orders. The application for anticipatory bail, being CRM No. 8826 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. (Suvra Ghosh, J.) (Tapabrata Chakraborty, J.)