Dipak Mahakur And ANR v. State Of West Bengal

C.R.M. (A) 1006 of 2023 13.03.2023 Sl.74 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jhargram Police Station Case No.4 of 2023 dated 05.01.2023 under Sections 341/323/325/326/307/34 of the Indian Penal Code. And In the matter of: Dipak Mahakur & Anr.

....petitioners.

Mr. Soumyajit Das Mahapatra ... for the petitioners.

Mr. Debabrata Chatterjee Ms. Mausumi Sarkar ...for the State.

Petitioners pray for anticipatory bail.

The injury report of the victim does not classify the injury suffered as grievous hurt.

The victim did not name the petitioners as the assailants. In such circumstances, 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 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 a fortnight till the conclusion of the investigation and on 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1006 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)