Calcutta High Court (Appellete Side)
Sahajuddin Khan And Others vs The State Of West Bengal on 21 August, 2018
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.11.
August 21, 2018. SG Disposed of CRM 6330 of 2018 In Re. An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
In the matter of:
Sahajuddin Khan and others
-versus-
The State of West Bengal Mr P. Bhattacharya ... for the petitioners.
Mr Madhusudan Sur Mr Manoranjan Mahata ... for the State.
The petitioners seek anticipatory bail in connection with Keshpur Police Station Case No.07 of 2018 dated January 12, 2018 under Sections 147/148/149/341/302/307/ 325/326/506 of the Indian Penal Code read with 9B, Indian Explosive Act and 25/27 Arms Act.
The State produces the case diary and refers to the statements of some of the witnesses.
There may be some discrepancies between some of the original statements and the later statements. In particular, there is no reference to the petitioner no.4 herein in the earlier statements.
The incident led to the death of a person. The first three petitioners have all been named by the victims and the witnesses as being a part of the assailants. The prayer of the first three 2 petitioners is rejected. There does not appear to be any material to subject the petitioner no.4 to custodial interrogation at the moment.
Accordingly, in the event of arrest, the petitioner no.4 is directed to be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner no.4 will also report to the investigating officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is disposed of on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioner, subject to compliance with all requisite formalities.
( Sanjib Banerjee, J. ) ( Abhijit Gangopadhyay, J. ) 3