Minar Sk @ Minarul Shaikh v. State Of West Bengal

20.03.2023 Serial no. 26 [Dd] (Anticipatory bail) Allowed) CRM (A) 1130 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 46 of 2023 dated 19.01.2023 under Sections 448/323/324/325/376/511/379/34 of IPC. -AndIn the matter of : Minar Sk. @ Minarul Shaikh ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Sujan Chatterjee, Advocate ... ...For the State Apparently, there was an incident of assault. The victim although recorded a statement under Section 164 of the Criminal Procedure Code, refused to undergo any medical examination.

In such circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 shall report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1130 of 2023 is disposed of.

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