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Calcutta High CourtCRM/9669/2020allowed

Lalchand Sekh v. State Of West Bengal

2020-12-02Hon'Ble Justice Samapti Chatterjee,Hon'Ble Justice Kausik Chanda2 pages

02.12 . 2020 CRM 9669 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Margram Police Station Case No. 60 of 2020 dated 03.04.2020 under Sections 341/323/324/325/307/34/379 of the Indian Penal Code 1860 and section 3/4 of the Explosive Substance Act.

AN/Suman Sl.30 In the matter of : Lalchand Sekh .......petitioners Mr. Angshuman Chakraborty Mr. S. S. Saha ..for the petitioners.

Mr. Ranabir Roychowdhury Mr. Mainak Gupta ..for the State.

It is submitted by the learned counsel appearing on behalf of the petitioner that the other co-accused already granted anticipatory bail from the Coordinate Bench.

He further produces the order sheet dated 21.10.2020 passed in CRM 8419/2020. He further contends that the petitioner is in the same footing. The learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and produces the case diary but did not dispute that the other co-accused already obtained anticipatory bail from the Coordinate Bench of this Hon'ble Court.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the case diary and the order dated 21.10.2020 passed in CRM 8419/2020, in our considered view, the custodial interrogation of the petitioner is not required accordingly.

Accordingly, we allow the prayer for anticipatory bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, to the satisfaction of the arresting officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail being C.R.M. 9669 of 2020 is disposed of.

(Samapti Chatterjee, J. ) (Kausik Chanda, J.)