Safar Ali @ Sarafat Sk. v. State Of West Bengal

54.

11.08.2021 Ct.32 SB C.R.M. 2592 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.03.2021 in connection with Salar Police Station Case No. 140/2020 dated 19.07.2020 under Sections 147/148/149/186/332/333/ 353/ 307 of the Indian Penal code and 51 of D.M Act. And In the matter of: - Safar Ali @ Sarafat Sk & Ors. Mr. Anisur Rahaman ...for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State There appears to have been a clash between the members of two political parties. Some persons including police personnel suffered injury which are simple in nature as would appear from the material in the case diary.

No specific overt act is attributed to the present petitioners.

Having regard to the nature and gravity of the allegations, although the charge sheet has not yet been submitted, we are of the view that immediate custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail so long as they co-operate with the Investigating Officer. Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be

local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In the event of the petitioners failing to adhere to any of the conditions stipulated in Section 438(2) of the Code of Criminal Procedure, learned Court below will be at liberty to cancel the anticipatory bail without reference to this Court. The application for anticipatory bail being C.R.M. 2592 of 2021 is, accordingly, allowed.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Suvra Ghosh, J.) (Arijit Banerjee, J.)