Raju Shaikh And ORS v. State Of West Bengal

01.04.2022 Serial no. 29 [Dd] (Anticipatory Bail Allowed) CRM (A) 1516 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara Police Station Case No. 64 of 2022 dated 17.02.2022 under Sections 448/325/326/354/34 of the Indian Penal Code.

-AndIn the matter of : Raju Shaikh & Ors.

... ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Sanjoy Bardhan, Ms. Baishakhi Chatterjee, Advocates ... ...For the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the police complaint is a result of a property dispute.

Learned advocate appearing for the State draws the attention of the Court to the injury reports of the two victims and the statement of one of the victims.

It appears from the injury report that one of the injured suffered simple injury and the other was not diagnosed as a grievous hurt.

Considering the gravity of the offence and the involvement of the petitioners therein, 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 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 nos. 1 and 4 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and petitioner nos. 2, 3 and 5 shall cooperate with the investigation till its completion and on further 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.

Prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 1516 of 2022 is disposed of.

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