Alam Molla @ Alamchand Molla And ORS. v. State Of West Bengal

22.01.2024 Item No.33 Ct. No. 29 CHC Allowed C.R.M.(A) 160 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 25 of 2024 dated 09.01.2024 under Sections 307/326/354B/448/34 of the Indian Penal Code, 1860.

And In the matter of : Alam Molla @ Alamchand Molla & ors. ...... petitioners Mr. Amanul Islam, Mr. Sourav Mukherjee ....for the petitioners Mr. Madhusudan Sur, Ld. A.P.P.

Mr. Anirban Manna ....for the State Petitioners pray for anticipatory bail.

Four persons suffered injuries in an incident of assault. One injured apparently suffered an injury on the frontal region of the scalp and was required to be administered six stitches. He was hospitalized for three days. He was also advised CT scan. Case Diary does not demonstrate any other untoward evidence so far as victim is concerned. Injury suffered by three others were classified as simple hurt.

None of the injuries suffered by the four victim were classified as grievous hurt.

In such circumstances, 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 petitioner no.4, namely, Rupali Bibi @ Rupali Khatun, petitioner no.5, namely, Sulekha Molla Bibi @ Sulekha Khatun and petitioner no.6, namely, Del Afroja Bibi @ Del Afroz Molla will cooperate with the investigation till the conclusion of the investigation and petitioner no.1, namely, Alam Molla @ Alamchand Molla, petitioner no.2, namely, Aulia Molla and petitioner no.

3, namely, Jahan Mollah @ Molla will report before the Investigating Officer once in a fortnight till the conclusion of investigation and on further 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) 160 of 2024 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)