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Calcutta High CourtCRM (A)/568/2024allowed

Munihar Sk @ Moniruddin And ORS. v. State Of West Bengal

2024-02-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

21.02.2024 Item No.12 Ct. No. 29 CHC Allowed C.R.M.(A) 568 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 356 of 2022 dated 31.08.2022 under Sections 341/325/326/307/34 of the Indian Penal Code. And In the matter of : Munihar Sk @ Moniruddin & ors. ...... petitioners Mr. Arup Kumar Bhowmick ....for the petitioners Mr. P. K. Dutta, Ld. A.P.P.

Ms. Baisali Basu ....for the State Petitioners pray for anticipatory bail.

Police filed charge sheet.

Apparently, the injured was advised to undertake CT scan. The Case Diary does not contain CT scan report of such injured. Apparently, the injury was not classified as grievous hurt.

Considering the nature of the injury and the incident, we 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 condition that the petitioners shall appear on every date 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. This application for anticipatory bail is, thus, allowed. CRM(A) 568 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)