Apurba Mondal And ORS v. State Of West Bengal

12.04.2021 Court No.28 Item No. 306 Avijit Mitra C.R.M. 823 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Hasnabad Police Station Case No.832 of dated 21.11.2020 under Sections 341/323/325/307/427/354B/506/34 of the Indian Penal Code;

And In re: Apurba Mondal & ors.

Petitioners Mr. Kallol Kumar Basu, Md. Jannat Ul Firdous For the Petitioners Mr. P.K. Dutta, Mr. Santanu Deb Roy For the State Leave is given to correct the name of the petitioner no.4 in the cause title.

The learned advocate for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the instant case out of previous grudge. Learned advocate appearing for the State draws the attention of this Court to the medical report as well as the injury report. He finds one of the victims is sustained severe stitches.

Having regard to the nature of the incident, we direct the petitioner nos. 1, 2, 3 and 4 to surrender before the jurisdictional Magistrate and pray for regular bail.

If the petitioner nos. 1, 2, 3 and 4 surrender before the jurisdictional Court, the said Court would consider their applications for regular bail without being influenced by any observations made by this Court.

So far as application of the petitioner no.5 is concerned we allow her application for anticipatory bail. Accordingly, we direct that in the event of arrest, the petitioner no.5, namely, Minakshi Mondal, shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- each 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.

With the aforesaid observations, the application for anticipatory bail, being CRM No. 823 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)