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Calcutta High CourtCRM (A)/1184/2023allowed

Rahul Mondal And ORS v. State Of West Bengal

2023-03-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1184 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No.205 of 2023 dated 14/03/2023 under Sections 448/323/325/307/354/34 of the Indian Penal Code, 1860. And In the matter of: Rahul Mondal & Ors.

....petitioners.

Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ...for the petitioners.

Mr. Sujan Chatterjee ...for the State.

Petitioners pray for anticipatory bail.

(AD) 23.03.2023 Court No.29 (Allowed) Apparently, a free fight took place between the co-sharers of an immovable property.

Both the sides received injuries.

The injuries in the present police case apparently were not classified as grievous hurt.

In such circumstances, 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/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also 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 nos.1,3,5 and 6 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner nos.2 and 4 will cooperate with the

investigation till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1184 of 2023 is disposed of.

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