Allowed¶16

Ramesh Shaikh @ Sk v. State of West Bengal and Anr.

Calcutta HC8 Jul 2024CRM (A)/2199/2024

Case brief

AI extract

What is this about?

CRM (A) 2199 of 2024, High Court of Calcutta, dated 08.07.2024; anticipatory bail, Section 438 and 438(2) CrPC; Murutia Police Station Case No. 72 of 2024; IPC Sections 448/324/325/354(B)/376/506/509/511/34; petitioner Ramesh Shaikh @ Sk.; charge sheet filed; victim refused medical examination; custodial interrogation not necessary; bail bond Rs.10,000 with two sureties; Soumen Sen and Uday Kumar, JJ.; disposed of.

What did the court decide?

Anticipatory bail allowed: petitioner Ramesh Shaikh @ Sk. to be released on bail in the event of arrest on a bond of Rs.10,000/- with two like-amount sureties (one local), subject to Section 438(2) CrPC conditions, appearance before the trial court within two weeks and on every subsequent hearing date, failing which the trial court may cancel bail. ¶16

Ramesh Shaikh @ Sk Vs State of West Bengal and Anr. — Anticipatory Bail | Calcutta HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner Ramesh Shaikh @ Sk. should be granted anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 72 of 2024 despite opposition by the State.

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Court's answer

Having considered the materials in the case diary, the victim's statement recorded under Section 164 CrPC, the fact that the charge sheet has already been filed, and the victim's refusal of medical examination, the Court held that custodial interrogation of the petitioner is not necessary.

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Ratio / Principle

The Court directed that, in the event of arrest, the petitioner shall be released on bail upon a personal bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), to the satisfaction of the learned Additional Chief Judicial Magistrate, Tehatta at Nadia, subject to the conditions under Section 438(2) CrPC and further subject to his appearing before the trial court within two weeks and thereafter on every hearing date; failing appearance without justifiable cause, the trial court may cancel his bail in accordance with law without further reference to this Court.

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Detailed headnote1 paragraphs

Anticipatory bail under Section 438 CrPC - Calcutta High Court (Division Bench) allowed the prayer where the charge sheet in Murutia Police Station Case No. 72 of 2024 (IPC Sections 448/324/325/354(B)/376/506/509/511/34) had already been filed, the victim's Section 164 CrPC statement was considered, and the victim had refused medical examination; custodial interrogation of the petitioner was held unnecessary. Release ordered on a bond of Rs.10,000/- with two like-amount sureties (one local), subject to Section 438(2) conditions, appearance before the trial court within two weeks and thereafter on every hearing date, with liberty to the trial court to cancel bail for unjustified absence.

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08.07.2024 Court No.29 Item No. 17

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Allowed

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sg CRM (A) 2199 of 2024

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In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 72 of 2024 dated 02.03.2024 under Sections 448/324/325/354(B)/376/506/509/511/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Tehatta at Nadia.

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And In Re: Ramesh Shaikh @ Sk. Petitioner Mr. Amanul Islam Mr. Sourav Mukherjee For the Petitioner Mr. Imran Ali Miss. Ankita Pal For the State

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The affidavit of service filed in Court today is taken on record.

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In spite of service, the victim is not represented.

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The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instance case.

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The learned Counsel for the State opposes the prayer for the anticipatory bail and produces the case diary.

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Considering the materials available in the case diary, the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and in view of the fact that charge sheet has already been filed and having regard to the fact that the victim has refused medical examination, we are of the view that custodial interrogation of the present petitioner is not necessary.

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Accordingly, we direct that in the event of arrest the petitioner namely, Ramesh Shaikh @ Sk. , shall be released on bail upon furnishing a bond of

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Signed By : SANJIB GHOSH High Court of Calcutta 9 th of July 2024 11:35:08 AM

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Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Additional Chief Judicial Magistrate, Tehatta at Nadia, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure and subject to further condition that the petitioner shall appear before the trial court within two weeks from date and thereafter, shall appear on each and every date of hearing until further orders.

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In the event the petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

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Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

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CRM (A) 2199 of 2024 is, thus, disposed of.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Soumen Sen, J.)

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(Uday Kumar, J.)

Ramesh Shaikh @ Sk v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Ramesh Shaikh @ Sk v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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