Niranjan Sarkar v. State Of West Bengal

07.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1594 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 542 of 2021 dated 16.10.2021 under Sections 341/325/326/307/34 of the Indian Penal Code, 1860.

And In Re : Niranjan Sarkar ...... petitioner Mr. Asraf Mondal ....for the petitioner Mr. S. S. Imam Mr. R. Jana ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the incident arose out of disputes relating to religious procession.

Learned advocate appearing for the State draws the attention of the Court to the injury of the victim and to the materials in the case diary.

Injury report of the victim does not suggest prima facie that the victim suffered grievous hurt.

Considering the gravity of the offence and the involvement of the petitioner therein, we 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/-, 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 meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)