Bijay Sarkar @ Bijoy And ORS v. State Of West Bengal

02.02.2023 Serial no. 11 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 431 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 51 of 2023 dated 19.01.2023 under Sections 448/427/323/325/354/307/379/506/34 of the Indian Penal Code.

-AndIn the matter of : Bijay Sarkar @ Bijoy & Ors. ... ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Sujan Chatterjee , Advocate ... ...For the State The police complaint relates to an incident of assault. The injury report does not suggest that any of the injured suffered grievous hurt. There is a delay in the lodgment of the first information report.

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 petitioner no. 1 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 3 shall cooperate with the investigation till its completion 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) 431 of 2023 is disposed of.

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