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Calcutta High CourtCRM (A)/1025/2023allowed

Tarak Barik And ORS v. State Of West Bengal

2023-03-14Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

14.03.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1025 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dantan Police Station Case No. 71 of 2023 dated 06.02.2023 under Sections 147/148/149/323/326/325/307/379 of the Indian Penal Code, 1860.

And In Re : Tarak Barik & Ors.

...... petitioners Mr. Imtiaz Ahmed Mr. Anindya Sundar Das Mr. Debapriya Samanta ....for the petitioners Mr. Swapan Banerjee Ms. Purnima Ghosh ....for the State Apparently, there are disputes in relation to holding a 'gramin mela' at Dantan. There is a writ petition, which was filed with regard to that 'gramin mela' and apparently, an incident of assault took place where, some of the petitioners also suffered injuries.

The case diary contains two injury reports. None of the two injury reports suggest that the persons suffered grievous hurt.

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/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)