Calcutta High CourtCRM (A)/102/2022allowed

Rajia Sultana v. State Of West Bengal

2022-01-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

25.01.2022 Serial no.45 Aloke (Through Video Conference) Ct. No. 29 CRM (A) 102 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 04.01.2022 in connection with Baishnabnagar Police Station Case No. 183 of dated 30.04.2021 under Sections 448/325/326/307/354/34 of the Indian Penal Code. -AndIn the matter of : Rajia Sultana & Ors.

... ...Petitioners Mr. Abhimanya Banerjee, Advocate Mr. Arnab Saha, Advocate ... ... For the Petitioners Mr. S.S. Imam, Advocate Mr. S. Kundu, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. There is a pre-existing civil dispute with regard to an immovable property. There is a civil suit filed by the father of the petitioners. Petitioners are students.

Learned Advocate appearing for the State draws the attention of the Court to the injury report. He submits that the police filed charge-sheet.

Considering the fact that the police filed charge-sheet and considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that there is a pre-existing civil dispute between the private parties, we are inclined to grant anticipatory bail to the petitioners. Accordingly, we 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) each, 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 with a

further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioners shall appear before the Court below on every date fixed for hearing. The prayer for anticipatory bail is allowed.

CRM (A) 102 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)