Sk. Taibul v. State Of West Bengal

22.02.2024 SL No. 17 Ct No. 29 SB C.R.M. (A) 586 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kolaghat P.S. Case No. 445 of 2022 dated 05.09.2022 under Section 448/323/324/307/427/379 of the Indian Penal Code. And In the matter of: Sk. Taibul ....Petitioner Mr. Suman De Mr. Debanshu Ghorai Mr. Abhinaba Mukherjee ...for the Petitioner Mr. Iqbal Kabir ...for the State Petitioner prays for anticipatory bail.

Learned counsel for the petitioner submits that the police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required.

Learned counsel for the State points out that the police case is dated September 5, 2022 and that, the petitioner was absconding since them.

We perused the materials in the case diary.

Apparently, injured suffered wet burn injury over both forearm and middle of the abdomen.

Apparently, the petitioner before us threw boiling tea at the victim.

Considering the fact police filed charge sheet and the nature of the incident we grant anticipatory to the petitioner.

Accordingly we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/-, 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. The petitioner shall appear before the Investigating Officer once in a fortnight. The petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)