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Calcutta High CourtCRM/857/2021allowed

Badiruddin @ Mantu And ORS. v. State Of West Bengal

2021-04-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh3 pages

13.04.2021 Item No.280 Ct.No.28 Subha Allowed C.R.M. 857 of 2021 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 Cr.P.C in connection with Ratua P. S. Case No. 475 of 2020 dated 21-10-2020 punishable under Sections 341/325/354/308/34 of the Indian Penal Code.( G. R. Case No. 2429 of 2020).

And In the matter of : Badiruddin @ Mantu & Ors. .. Petitioners.

Mr. Sagar Saha ... For the Petitioners.

Mr. B. Panda Mr. S. Bhakat ... For the State.

Apprehending arrest in connection with Ratua Police Station Case No. 475 of 2020 dated 21.10.2020 punishable under Sections 341/325/354/308/34 of the Indian Penal Code, the present application has been filed. Mr. Saha, learned advocate appearing for the petitioners submits that the petitioners have been falsely

implicated in the instant case at the instance of the complainant.

Mr. Panda, learned advocate appearing for the State produces the case diary before this court and draws the attention of this court to the injury report. We have perused the injuries which are reflecting in the report so submitted along with the case diary. In fact, the injuries are not grievous in nature thereby do not warrant the custodial interrogation of the present petitioners. Accordingly, the prayer for anticipatory bail of the present petitioners is allowed.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioners, namely, 1. Badiruddin @ Mantu, 2. Ansur Rahaman @ Anesur 3, Munsur Ali 4. Manirul Islam @ Monirul 5. Aktarul 6. Kutubuddin 7. Khademul 8. Akramul & 9. Farida Bibi 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, 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.

The petitioner nos. 1 to 8 shall meet with the Investigating Officer of the case once a week until further orders.

The application for anticipatory bail, being CRM 857 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J. ) ( Soumen Sen, J.)