Sk Nihar And ORS v. State Of West Bengal

27.09.2021 Serial no. 55 Dd (Through Video Conference) CRM 1541 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 4th February, 2021 in connection with Indas Police Station Case No. 214 of 2019 dated 22.10.2019 under Sections 341/324/325/326/ 307/379/ 506/34 of the Indian Penal Code.

-AndIn the matter of : Sk. Nihar & Ors. ... Petitioners Mrs. Pampa Dey, (Dhabal) Advocate ... ... For the Petitioners Mr. Madhusudan Sur, ld. APP Mr. Monoranjan Hahato, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the petitioners were falsely implicated. There is a counter case.

Learned advocate appearing for the State draws the attention of the court to the statements recorded under Section 161 of the Code of Criminal Procedure and to the injury report.

In answer to the query from court learned advocate appearing for the State submits that the police submitted charge sheet before the jurisdictional court. Considering the injury report and considering the fact that the police submitted charge sheet, 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 anticipatory 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 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 appear before the Court below and pray for regular bail within four weeks from date.

Prayer for anticipatory bail is allowed.

CRM 1541 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)