Calcutta High CourtCRM (A)/1063/2023allowed

Badriruddin Chowdhury And ANR v. State Of West Bengal

2023-03-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

15.03.2023 Ct. No. 29 CHC Allowed Partly C.R.M.(A) 1063 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Keshpur Police Station Case No. 347 of 2022 dated 18.12.2022 under Sections 448/323/325/307/34 of the Indian Penal Code, 1860.

And In the matter of : Badiruddin Chowdhury & anr. ...... petitioners Mr. Amit Ranjan Pati, Mr. Sunayan Ghosh ....for the petitioners Mr. Sujan Chatterjee ....for the State Mr. Somnath Mukherjee ...for the de facto complainant Apparently, a free fight took place between the parties over a dispute relating to a boundary wall.

The injury suffered apparently are simple in nature. The de facto complainant is represented.

Learned advocate appearing for the de facto complainant submits that there are three police cases between the parties. 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 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 petitioner no.1, namely, Badiruddin Chowdhury shall meet the Investigating Officer once in a month till the conclusion of investigation and petitioner no.2, namely, Taslima Khatun @ Begam will cooperate with the investigation and on further condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accuseds 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.)