Tahajuddin Skand ORS v. State Of West Bengal And ORS.

23.03.2022 Serial no.13 Aloke Ct. No. 29 CRM (A) 1348 of 2022 In re: An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.03.2022 in connection with Palashipara P.S. Case No.94 of 2022 dated 11.03.2022 under Sections 498A/325/34 of the Indian Penal Code.

-AndIn the matter of : Tahajuddin Sk & Ors.

... ...Petitioners Mr. Amanul Islam, Advocate Mr. Sourav Mukherjee, Advocate ... ... For the Petitioners Mr. Avik Ghatak, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the present police case is a counter blast of the earlier police complaint lodged by the petitioner no. 1 against the de facto complainant and her husband being Palashipara P.S. Case No. 466 of 2021 dated 23.12.2021 under Sections 325/326/307/436/34 of the Indian Penal Code.

Learned Advocate appearing for the State draws the attention to the materials in the case diary. Considering the fact that the present police complaint being lodged as a counter blast to the earlier police complaint of the petitioners where the de facto complainant and her husband are alleged to assault the petitioners, cannot be discounted, 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 petitioner nos. 1 and 5 will report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 2, 3 and 4 will cooperate with 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) 1348 of 2022 is disposed of.

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