Ateyar Middya @ Atehar Middya And ORS v. State Of West Bengal

18.01.2024 Item No.2 Ct. No. 29 CHC Allowed C.R.M.(A) 125 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khanakul Police Station Case No. 458 of 2023 dated 10.07.2023 under Sections 147/ 148/ 149/ 143/ 448/ 323/ 325/ 326/ 427/ 354/ 506/ 504/34 of the Indian Penal Code, 1860. And In the matter of : Ateyar Middya @ Atehar Middya & ors. ...... petitioners Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Mr. Sourov Mondal, Ms. Labani Sikder ....for the petitioners Mr. Sanjoy Bardhan, Ld. A.P.P.

Mr. Goutam Wilson ....for the State Leave granted to the learned advocate for the petitioners to correct the cause-title.

Petitioners seek anticipatory bail.

Apparently, an incident of assault took place on the day of Panchayat Election. A pregnant lady was assaulted. The injury report does not speak of any injury being suffered by such lady.

Considering the nature of the injury suffered and the complicity of the petitioners in the incident, we 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners will report before the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 125 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)