Fakre Alam Mallik And ORS v. State Of West Bengal

23.03.2022 Serial no. 59 [Dd] (Anticipatory Bail Allowed) CRM (A) 915 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 92 of 2022 dated February 06, 2022 under Sections 323/307/447/448/506/34 of the Indian Penal Code.

-AndIn the matter of : Fakre Alam Mallik & Ors. ... ... Petitioners Ms. Sananda Bhattacharyya, Advocate ... ... For the Petitioners Mr. Tanmay Kr. Ghosh, Ms. Sonali Bhar, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioner no. 2 instituted the proceeding under Section 498A of the Indian Penal Code against the family of the de facto complainant. As a counter-blast the present police complaint was lodged.

Learned advocate appearing for the State draws the attention of the Court to the injury report and the materials in the case diary.

Considering the fact that there is a previous complaint at the behest of the petitioner no. 2 and considering the fact that the injury suffered in the present police case are simple in nature and considering the gravity of the offence and the involvement of the petitioners therein, 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 petitioner nos. 1 and 3 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos. 2 and 4 shall cooperate with the investigation till its completion and on further condition that the petitioners shall appear every day 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) 915 of 2022 is disposed of.

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