Calcutta High CourtCRM/10209/2020allowed

Tarik Anowar @ Tarik Anwar v. State Of West Bengal

2021-03-26Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

26.03.2021 Court No.28 rpan /28 C.R.M. 10209 of 2020 (Via Video Conference) In Re : Tarik Anowar @ Tarik Anwar - Petitioner.

Ms. Sujata Das ... for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Partha Pratim Das, Ms. Manasi Roy ... for the State.

Apprehending arrest in connection with Harishchandrapur P.S. Case No.407 of 2020 dated 02.07.2020 under Sections 448/323/325/326/307/34 of the Indian Penal Code, the petitioner has filed the present application. The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. No overt act has been attributed to the petitioner and in the said conspectus, custodial detention of the petitioner is not necessary. The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the statement of the injured and other documents in the case diary. 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 in the facts and circumstances of this case.

Accordingly, we direct that in the event of arrest the petitioner, namely, Tarik Anowar @ Tarik Anwar shall be released on bail upon furnishing a bond of `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.

The present order shall remain valid for a period of four weeks from date within which the petitioner shall appear / surrender before the jurisdictional Court and pray for regular bail. The application for anticipatory bail, being CRM No.10209 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.)