Calcutta High CourtCRM (A)/225/2023allowed

Manik Gope And ORS v. State Of West Bengal

2023-01-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.01.2023 Serial no. 20 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 225 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 160 of 2022 dated 17.11.2022 corresponding to GDE No. 781 dated 17.11.2022 under Sections 448/325/326/307/506 and 34 of the Indian Penal Code. -AndIn the matter of : Manik Gope & Ors.

... ... Petitioners Mr. Falguni Bandyopadhyay, Ms. Riya Ballav, Advocates ... ... For the Petitioners Mr. S.S. Imam, Mr. Arabinda Manna, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that out of 13 co-accuseds person, 4 were granted anticipatory bail by the jurisdictional Court and 3 granted bail. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the injury report of the injured.

Apparently, three persons suffered injuries. The injuries apparently were inflicted by iron rod. Injuries were not classified as grievous hurt.

In such circumstances, 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 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 shall report before the Investigating Officer once in a fortnight till the conclusion of the 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 225 of 2023 is disposed of.

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