Buddhadev Maity And Others v. State Of West Bengal

04.02.2022 Serial no.17 Aloke Ct. No. 29 (Through Video Conference) CRM (A) 546 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.02.2022 in connection with Sabang Police Station Case No. 347 of 2021 dated 18.11.2021 under Sections 448/354/376/34 of the Indian Penal Code.

-AndIn the matter of : Buddhadev Maity & Ors. ... ...Petitioners Mr. Sabir Ahmed, Advocate Mr. Mujibar Ali Naskar, Advocate Mr. A. Saha, Advocate Mr. Bhasjar Gytaut, Advocate ... ... For the Petitioners Mr. Iqbal Kabir, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners draws the attention of the Court to the order dated January 13, 2022 by which the jurisdictional Court granted bail to some of the coaccused. He submits that there is a land dispute between the private parties.

Learned Advocate appearing for the State draws the attention of the Court to the statements recorded under Section 164 of the Code of Criminal Procedure of the victim and the medical report.

Considering the fact that some of the co-accused were granted bail by the jurisdictional Court and considering the statement recorded under Section 164 of the Code of Criminal Procedure and considering the medical report and considering the fact that there apparently exists land disputes between the private parties, 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 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 nos. 1 and 2 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 3 and 4 will cooperate with the investigation and on further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

The prayer for anticipatory bail is allowed.

CRM (A) 546 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)