Hamid Molla@Hamid Mondal And ANR v. State Of West Bengal

23.02.2023 Serial no. 27 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 815 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Swarupnagar Police Station Case No. 382 of 2022 dated 15.04.2022 under Sections 323/325/308/354B/506/34 of the Indian Penal Code -AndIn the matter of : Hamid Molla @ Hamid Mondal & Anr. ... ... Petitioners Mr. Safdar Azam, Advocate ... ... For the Petitioners Mr. Imran Ali, Ms. Debjani Sahu, Advocates ... ...For the State Apparently, there was an incident of assault. The injury report of the injured does not suggest that she suffered any grievous hurt.

The allegation is that she was assaulted by bamboo stick and fists and blows.

The injured recorded a statement under Section 164 of the Criminal Procedure Code.

Police filed charge sheet.

Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioners therein and the fact that police filed 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 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 further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 815 of 2023 is disposed of.

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