Sanchita Biswas And ORS. v. State Of West Bengal

25.05.2021 Court No.28 rpan / 02 C.R.M. 1042 of 2021 (Via Video Conference) In Re : Sanchita Biswas @ Sangita Biswas & Others - Petitioners.

Ms. Sananda Bhattacharyya ... for the petitioners.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Ms. Faria Hossain ... for the State.

Leave is granted to the learned advocate-on-record of the petitioners to correct the cause title of the application for anticipatory bail.

This is an application under Section 438 of the Code of Criminal Procedure filed by the petitioners praying for anticipatory bail in connection with Santipur P.S. Case No.500 of 2020 dated 02.09.2020 under Sections 447/325/326/307/34 of the Indian Penal Code.

Having heard the learned counsel for the petitioners and the learned Public Prosecutor and on perusal of the case diary carefully, it appears to us that a free fight between the two families took place on the date of occurrence and both the families filed case and counter-case against each other.

We have perused the injury report. The ingredients of offence under Section 326 of the Indian Penal Code, prima facie, do not satisfy from the nature of injury. Moreover, there is no, prima facie, material under Section 307 of the Indian Penal Code.

So in the event of arrest the petitioners, namely, 1. Sanchita Biswas @ Sangita Biswas, 2. Shyamali Biswas, 3. Subhash Biswas and 4. Narugopal Biswas shall be released on bail upon furnishing a bond of `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. The application for anticipatory bail, being CRM No.1042 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. (Bibek Chaudhuri, J.) (Tapabrata Chakraborty, J.)