Anarul Sk v. State Of West Bengal

CRM No.9369 of 2020 Via video conference 02.02.21 (S.R.) Sl.107 Ct.28 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Salar Police Station Case No.139 of 2020 dated 19.07.2020 under Sections 341/325/326/307/34 of the Indian Penal Code;

And In re: Anarul Sk. & Ors.

... petitioners.

Mr. Arindam Roy ... for the petitioners.

Mr. Prasun Kr. Datta, Ld. APP Mr. Nirupam Dhali ...for the State.

Learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated No overt act had been attributed to the petitioners and in view thereof, custodial detention of the petitioners is not necessary.

Learned advocate appearing for the State opposes the petitioners' prayer for anticipatory bail.

Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the injury report, we are of the opinion that custodial detention of the petitioners, is not warranted. Accordingly, we direct that in the event of arrest, the petitioners, namely, Anarul Sk., Islam Sk. and Ayob Sk., 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. Accordingly, the application for anticipatory bail being CRM No.9369 of 2020, is allowed.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)