Nikhil Sarkar @ Nikhil Chandra Sarkar And ORS v. State Of West Bengal

20.11.2020 Sl. No.56 akd [ALLOWED] C. R. M. 9097 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.11.2020 in connection with Balurghat Police Station Case No. 189 of 2020 dated 05.06.2020 under Sections 411/413/414/420/34 of the Indian Penal Code. (G.R. Case No.477 of 2020) And In Re: Nikhil Sarkar @ Nikhil Chandra Sarkar & Ors. ... ... Petitioners Mr. Koustav Bagchi .. Advocate ... ... for the petitioners Mr. S. S. Imam .. Advocate Mr. S. Kundu .. Advocate ... ... for the State It is submitted on behalf of the petitioners that they are not the principal accused who is presently in custody. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioners in the alleged crime, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Nikhil Sarkar @ Nikhil Chandra Sarkar, (2) Archana Sarkar @ Archana Rani Sarkar & (3) Lakkhi Rani Sarkar @ Laskhmi Rani Sarkar @ Lakshmi Rani Sarkar, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of.

All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)