Minarul Sardar @ Minurul Sardar @ Bhajo And ORS. v. State Of West Bengal

C.R.M. (A) 280 of 2024 01.02.2024 DL-22 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nowda Police Station Case No. 213 of 2023 dated 09.07.2023 under Sections 341/506/325/308/34 of the Indian Penal Code, 1860, and subsequently charge sheet submitted under Sections 341/323/325/307/506/34 of the Indian Penal Code, 1860. (G.R. Case No.2996 of 2023).

And In the matter of: Minarul Sardar @ Minurul Sardar @ Bhajo & Ors.

....petitioners.

Mr. Somnath Adhikary ...for the petitioners.

Mr. Tanmoy Kumar Ghosh, Ld. Sr. Government Advocate Mr. Sujoy Sarkar ...for the State.

Police submitted a charge sheet.

Materials in the case diary do not show that there was any serious attempt to arrest any of the petitioners. In an incident of assault, injuries were suffered. Considering the fact that the police filed charged sheet and hardly any attempt was made to arrest any of the petitioners, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 280 of 2024 is disposed of.

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