D/L861 v. The State of West Bengal

Mr. Abdul Hamid Molla Mr. Md. Abdul Halim Mr. Sahiul Hamid Mr. Biswadeep Dey Mr. Md. Ijaz Ahmed Molla. …for the petitioner. Mr. Palash Chandra Poddar Mr. Supreem Naskar. …for the State. Learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated pursuant to change of administration. Learned advocate for the State opposes the prayer for anticipatory bail and submits that the petitioner was an associate with the principal accused. I have taken into account the overall materials and prima facie is of the opinion that custodial detention of the present 2 petitioner is unwarranted. As such, the prayer for anticipatory bail of the petitioner is allowed. Accordingly, in the event of arrest, the petitioner, namely, Kutubuddin Paik shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the investigation of the case is in progress, the petitioner shall report to the investigating officer of the case within a period of 10 days from date and thereafter on all subsequent dates fixed by the investigating officer of the case till the report in final form is submitted before the jurisdictional court. Thus, CRM(A) 2877 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Tirthankar Ghosh, J.)