Jabbar Sk And ORS v. State Of West Bengal

13.02.2023 Serial no. 12 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 621 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No. 198 of 2022 dated 22.05.2022 under Sections 447/325/326/34 of the Indian Penal Code. -AndIn the matter of : Jabbar Sk. & Ors.

... ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Pravash Bhattarya, Mr. Mirza Firoj Ahmed Begg, Advocates ... ...For the State Apparently, two police complaints were lodged in respect of the same incident. Apparently, there was a free fight. The present police complaint was lodged one month after the date of the incident.

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 petitioners shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation 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) 621 of 2023 is disposed of.

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