Bhabesh Mahaldar And ANR v. State Of West Bengal

C.R.M. (A) 363 of 2024 06.02.2024 DL.3 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raiganj Police Station F.I.R. No.1152 of 2022 dated 31.10.2023 under Sections 447/323/325/326/307/354/34 of the Indian Penal Code.(G.R. Case No.2388 of 2023).

And In the matter of: Bhabesh Mahaldar & Anr.

....petitioners.

Mr. Sayantan Hazra ...for the petitioners.

Mr. Tanmay Kumar Ghosh, Ld. Sr. Government Advocate Ms. Amita Gour ... for the State.

In an incident of assault, the injured underwent a CT scan of the brain.

CT scan report suggests no obvious intracranial injury. Considering the nature of the injury and the incident, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a month till the conclusion of the investigation 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 363 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)