Torikat Sk And ANR v. State Of West Bengal

C.R.M. (A) 1094 of 2023 16.03.2023 Sl.25 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection Burwan Police Station Case No. 356 of 2022 dated 27.12.2022 under Sections 448/325/308/34 of the Indian Penal Code, 1860 and subsequently, charge sheet submitted under Sections 448/325/308/354/34 of the Indian Penal Code, 1860. And In the matter of: Torikat Sk. & Anr.

....petitioners.

Mr. Manas Kumar Das Mr. Aritra Kumar Thokdar ...for the petitioners.

Mr. Sudip Kumar ...for the State.

Petitioners pray for anticipatory bail.

Police filed charge sheet.

In the statement recorded under Section 161 of the Code of Criminal Procedure, the injured victim claimed that the incident occurred on December 19, 2022 while in the First Information Report, the date is given as December 22, 2022. The First Information Report was registered on December 27, 2022. The injury report does not suggest that the injury suffered was life threatening.

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 subject to the conditions as laid down under Section 438(2) of the

Code of Criminal Procedure, 1973 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 1094 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)