Calcutta High CourtCRM (A)/1604/2022allowed

Sk Jaher Ali And ORS v. State Of West Bengal

2022-04-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

07.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1604 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Labpur Police Station Case No. 08 of 2022 dated 25.01.2022 under Sections 448/326/307/379/427/506/34 of the Indian Penal Code, 1860.

And In Re : Sk. Jaher Ali & Ors.

...... petitioners Mr. Manas Kumar Das ....for the petitioners Mr. Tapas Kumar Ghosh Mr. Tanmoy Chowdhury ....for the de-facto complainant Md. Anwar Hossain Ms. Sreyashee Biswas ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, there are a civil disputes between the private parties. A civil suit pending. There is a counter police case also. Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim. The de-facto complainant is represented.

In the counter case, the de-facto complainant was granted anticipatory bail by this Hon'ble Court.

So far as the present case is concerned, none of the injury reports suggests that the injured suffered grievous hurt. Considering the gravity of the offence and the involvement of the petitioners therein, 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/- each, 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 petitioners shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)