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Calcutta High CourtCRM/1579/2021allowed

Suroj Sekh@Abdul Salam Sk v. State Of West Bengal

2021-08-05Hon'Ble Justice Harish Tandon,Hon'Ble Justice Bibek Chaudhuri2 pages

CRM 1579 of 2021 (Via Video Conference) 05.08.2021 Court No.28 Item No.307 (Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kaliganj Police Station Case No. 480 of 2020 dated 09.10.2020 under Sections 341/323/325/326/308 & 34 of the Indian Penal Code; Akd & As And In the matter of : Suroj Sekh @ Abdul Salam Sk. & Ors.

...Petitioners

Mr. Sumanta Das.

...For the Petitioners Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan.

...For the State.

Leave is granted to correct the preamble of the instant application for anticipatory bail here and now. Apprehending arrest in connection with Kaliganj Police Station Case No. 480 of 2020 under Sections 341/323/325/326/308 & 34 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail.

Petitioners say that the instant case has been launched as counter-blast to the case instituted by the complainant and the First Information Report would reveal that the assault was made not only on the wife of the complainant but also the goat. Our attention is drawn to the injury report where we do not find that the injury was grievous in nature.

In view of the above, we do not find any justification for custodial interrogation of the petitioners.

Accordingly, the prayer for anticipatory bail is allowed. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, with

two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer of the concerned police station and on conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail, being CRM 1579 of 2021 is thus disposed of.

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