Calcutta High CourtCRM (A)/901/2022partly allowed

Baddiur Rahoman @ Badiur Sk And ORS v. State Of West Bengal

2022-02-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 901 of 2022 (Via Video Conference) 23.02.2022 Sl. 15 Court No.29 suvayan (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Baishnabnagar P.S. Case No. 250 of 2020 dated 27/05/2020 corresponding to G.R. Case No.2183 of 2020 under Sections 341/325/326/308/34 of the Indian Penal Code.

And In the matter of: Baddiur Rahoman @ Badiur Sk & Ors. ....petitioners.

Mr. Mounick Ghosh ...for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that there are was a free fight between the private parties. There is a police complaint lodged on behalf of the petitioners also. Learned Advocate appearing for the State draws the attention of the Court to the injury report and the statements recorded under Section 161 of the Criminal Procedure Code. Considering the gravity of the offence and considering the involvement of the petitioners therein, we are unable to grant anticipatory bail to the petitioner no.1 (Baddiur Rahoman @ Badiur Sk), petitioner no.2 (Ashraful Sk @ Asraful Sekh), and petitioner no.3 (Najrul Islam @ Naju @ Najrul Sk). However, we grant anticipatory bail to the petitioner no.4 (Manoyara Bibi @ Manayura Bibi) considering her involvement in the incident.

Accordingly, we direct that in the event of arrest, the petitioner No.4 (Manoyara Bibi @ Manayura Bibi) shall be

released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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.4 (Manoyara Bibi @ Manayura Bibi) shall cooperate with the Investigating Office till the conclusion of the investigation and that the petitioner shall appear before the jurisdictional Court and pray for regular bail within four weeks from date.

The application for anticipatory bail being CRM (A) 901 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)