Calcutta High CourtCRM (A)/1208/2022allowed

Abdul Samad @ Samad Ali And ORS v. State Of West Bengal

2022-03-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 1208 of 2022 14.03.2022 Sl. 22 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No. 119 of 2022 dated 06/02/2022 under Sections 341/323/325/326/308/379/34 of the Indian Penal Code. And In the matter of: Abdul Samad @ Samad Ali & Ors. ....petitioners.

Mr. Koustav Bagchi Mr. Arup Sarkar Mr. Debayan Ghosh ...for the petitioners.

Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the incident arose out of property disputes. There is a civil suit pending.

Learned advocate appearing for the State draws the attention of the Court to the injury report. He submits that three persons sustained injures.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that there are property disputes between the private parties, 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 subject to the conditions as laid down under Section

438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner No. 1 (Abdul Samad @ Samad Ali), petitioner No.2 (Abdul Kuddus @ Kuddus Ali), petitioner No.3 (Rabiul Ali Rabiul Hossain), petitioner No.4 (Kalu Ali @ Rasedul Hossain) and petitioner No.5 (Budha Ali @ Dilwas Hossain) shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner No.6 (Nurbanu Bibi @ Nurbanu), petitioner No.7 (Ruli Bewa @ Ruliyana Bibi) and petitioner No.8 (Kalan Bibi @ Halema Bibi) shall co-operate with the investigation that the petitioners shall appear before the jurisdictional Court and pray for regular bail within four weeks from date. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1208 of 2022 is, thus, disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)