Nipa Sarkar And ANR v. State Of West Bengal

22.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 777 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 115 of 2023 dated 09.02.2023 under Sections 341/325/326/34 of the Indian Penal Code. And In Re : Nipa Sarkar & Anr.

...... petitioners Mr. Asraf Mondal ....for the petitioners Ms. Zareen N Khan Mr. Asif Dewan ....for the State Apparently, a free fight took place between the private parties.

The injury was not classified as grievous hurt. In such circumstances, considering the gravity of the offence and the involvement of the petitioners in 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/- 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 further condition that the petitioners shall cooperate with the Investigating Officer till the conclusion of the investigation 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)