Sk Jane Alam And ORS v. State Of West Bengal

03.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 481 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 28 of 2023 dated 20.01.2023 under Sections 323/326/341/354/427/506/34 of the Indian Penal Code.

And In Re : Sk. Jane Alam & Ors.

...... petitioners Mr. Sk. Nezamuddin Mr. Sk. J. Alam ....for the petitioners Mr. Navanil De ....for the State Apparently, there are subsisting disputes between the private parties. The incident of assault took place emanating out of such disputes. There is a counter police complaint also. Three persons suffered injuries. Injuries of two persons were classified as simple. One lady received fracture on index finger of the left hand.

Considering the nature of injury suffered and the nature of the incident and the involvement of the petitioners therein, 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/- 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 nos. 1 (Sk. Jane Alam), 2 (Sk. Noor Alam) and 3 (Sk. Masum) shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner no. 4 (Nurjahan Bibi) shall cooperate with the Investigating Officer 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)