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Calcutta High CourtCRM/2280/2021disposed

Saidur @ Md. Saidul Islam v. State Of West Bengal

2021-08-06Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Suvra Ghosh2 pages

44.

06-08-2021 (ct. no.32) KOLE Allowed (Via Video Conference) CRM 2280 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 307 of 2016 dated 02.06.2016 under Sections 341/323/325/307/506/34 of the Indian Penal Code and.

- A n d - In the matter of : Saidur @ Md. Saidul Islam .... Petitioner.

Mr. P. Anam, ... For the Petitioner.

Mr. Swapan Banerjee, Mr. P. Ghosh, ... For the State.

The petitioner is one out of 10 accused persons. The charge is of causing grievous bodily harm and attempt to murder.

The petitioner says that out of 10 accused persons, 7 have been enlarged on bail after having been arrested, by the Learned Court below. The petitioner stands on the same footing.

The State refers to material in the case diary and in particular to two injury reports. We do not find the injuries to be life threatening or very severe. Charge sheet has been submitted. 7 out of 10 accused persons are on bail. Having considered the material in the case diary and the overall facts and circumstances of the case, we are inclined to hold that the petitioner may be granted anticipatory bail.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further orders. The application for anticipatory bail being CRM 2280 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )