Fajal Ali v. State Of West Bengal

03.06.2021 Sl. No.20 Court No.30 BR CRM 2548 of 2021 (Via Video Conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed on 8th March, 2021 in connection with Jalangi Police Station case No.02 of 2021 dated 4th January, 2021 under Sections 341/325/308/307/34 of the Indian Penal Code.

And In the matter of: Fajal Ali ... Petitioner Mr. Diptendra Banerjee, Ms. Sinthia Bala ... for the petitioner Mr. S.S.Imam Mr. Ashok Das ... for the State The petitioner was arrested in connection with Jalangi Police Station Case No. 02 of 2021 dated 4th January, 2021 under Sections 341/325/308/307/34 of Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is the cousin brother of the de facto complaintent and they are on logger head due to land dispute .

Learned counsel for the State draws our attention to the nature of injuries inflicted on the injured person. Injury report does not instill confidence of the judicial mind , prima face to find fatal injury by use of fatal weapon and the offence relating to grievous hurt under Section 325 of the IPC is bailable in nature. The charge sheet has already been submitted.

Therefore, we are inclined to admit the petitioner on anticipatory bail on furnishing bond of Rs.5,000/- of like amount subject to the satisfaction of the arresting officer and on condition as embodied under Section 438 (2) of the Criminal Procedure Code

and also on condition that the petitioner would attend the trial Court on schedule dates of trial.

CRM 2548 of 2021 is disposed of.

(Aniruddha Roy, J. ) ( Shivakant Prasad , J. )