Calcutta High CourtCRM (A)/1258/2022allowed

Kabir Hossain @ Sk Kabir Hossein And ORS v. State Of West Bengal

2022-03-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

17.03.2022 Serial no.6 Aloke Ct. No. 29 CRM (A) 1258 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.03.2022 in connection with Mollarpur Police Station Case No. 265 of 2021 dated 16.12.2021 under Sections 341/323/325/308/379/506/34 of the Indian Penal Code. -AndIn the matter of : Kabir Hossein @ Sk Kabir Hossein & Ors. ... ...Petitioners Mr. Bibaswan Bhattacharya, Advocate Mr. Bitasok Banerjee, Advocate Mr. Abdus Sanam, Advocate ... ... For the Petitioners Mr. S.S. Imam, Advocate Mr. R. Jana, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. Learned Advocate appearing for the State draws the attention of the Court to the injury report of the victim. The injury report states that the injury suffered by the victim simple in nature.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the injury report of the victim, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the

petitioners shall appear every day 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.

The prayer for anticipatory bail is allowed.

CRM (A) 1258 of 2022 is disposed of.

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