Hanif Mondal And ORS v. State Of West Bengal

12.01.2021 Item No.80 Ct.No.28 dc.

Allowed C.R.M. 48 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In the matter of : Hanif Mondal & Ors.

... Petitioners.

Mr. Asraf Mandal ... For the Petitioners.

Ms. Sukanya Bhattacharya, Md. Kutubuddin ... For the State.

Apprehending arrest in connection with Karimpur P.S. Case No. 245 of 2020 dated 13.10.2020 under Sections 448/427/379/354/326/307/34 of the Indian Penal Code, the petitioners have filed the present application. The learned advocate appearing for the petitioners submits that there was a dispute amongst the neighbours and there had been a delay in filing the complaint. The learned advocate appearing for the State and submits that investigation is in progress and charge sheet is yet to be filed.

Having heard the learned advocates and upon considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioners in

the alleged offence, we are of the opinion that custodial detention of the petitioners is not necessary. Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 application for anticipatory bail, being CRM 48 of 2021 is, thus, disposed of.

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