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Calcutta High CourtCRM/1513/2021allowed

Sekela Bibi@Sekela Khatun And ANR v. State Of West Bengal

2021-07-29Hon'Ble Justice Harish Tandon,Hon'Ble Justice Bibek Chaudhuri2 pages

29.07.2021 (Via Video Conference) Court No.28 Item No.396 (ALLOWED) CRM 1513 of 2021 Saswata & ab In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Harishchandrapur Police Station Case No. 872 of 2020 dated 04.12.2020 under Sections 341/326/307/354/34 of the Indian Penal Code (G.R. Case no. 2859 of 2020).;

And In the matter of : Sakela Bibi & Sekela Khatun & anr.

...Petitioners

Mr. Sujoy Sarkar ...For the Petitioners Mr. S.S.Imam Mr. Arabinda Manna ...For the State.

Apprehending arrest in connection with Harishchandrapur Police Station Case No. 872 of 2020 under Sections 341/326/307/354/34 of the Indian Penal Code (G.R. Case no. 2859 of 2020), the petitioners have filed the instant application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

According to the learned advocate for the petitioners, the instant case has been lodged as a counter-blast to the complaint filed by the petitioners' family against the complainants. There was a scuffle between the two members of the group and both suffered injuries. After perusing the statements of the witnesses as well as the injured and the medical report, we do not think that custodial interrogation of the petitioner is necessary. The prayer for anticipatory bail is, thus, allowed. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of `10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and the petitioners shall meet the investigating officer as and when called for and cooperate with the investigation and subject to further conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail being CRM 1513 of 2021 is, thus, disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri, J.)