Calcutta High CourtCRM/10689/2020allowed

Md Shahid Khan@Kallu v. State Of West Bengal

2021-01-12Hon'Ble Justice Soumen Sen,Hon'Ble Justice Rabindranath Samanta2 pages

12.01.2021 Court No.28 Item No. 67 Avijit Mitra ALLOWED CRM 10689 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Narkeldanga P.S. Case No. 222 of 2020 dated 16.08.2020 under sections 326/34 of the Indian Penal Code;

And In Re : Md. Shahid Khan alias Kallu ......Petitioner Mr. Angshuman Chakraborty ....For the Petitioner Mr. P.K. Dutta, Ld. A.P.P Mr. Santanu Deb Roy .......For the State The learned advocate appearing for the petitioner submits that although there are injuries upon the victim but the present petitioner has been falsely implicated in the instant case.

The learned advocate appearing for the State submits that offences appearing against the petitioner reveal that he was hurling stone.

Having regard to the stage of the case and on an appreciation on the materials-on-record, we are of the opinion that custodial detention of the petitioner may not be warranted in connection with the instant case. As such, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/- with two sureties of like amount each, 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 not to tamper with the evidence or intimidate the witnesses.

The petitioner shall stay outside the jurisdiction of Narkeldanga Police Station and inform the Officer-in-Charge of Narkeldanga Police Station as also the Court regarding the address where he is residing.

The petitioner shall attend the Court of the learned Additional Chief Judicial Magistrate, Sealdah once a week and get an acknowledgement regarding his attendance on and from 15th January, 2021 till the disposal of the proceedings. This application for anticipatory bail being C.R.M. No.10689 of 2020 is disposed of.

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