Calcutta High CourtCRM (A)/1690/2022allowed

Majuammal Dafadar And ANR v. State Of West Bengal

2022-04-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 1690 of 2022 12.04.2022 Sl. 35 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No. 122 of 2022 dated 21/02/2022 under Sections 325/346/307/354/34 of the Indian Penal Code.

And In the matter of: Mujammal Dafadar & Anr.

....petitioners.

Mr. Asraf Mandal ...for the petitioner.

Mr. Binay Panda Mr. Subham Bhakat ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the incident arose out of disputes relating to pigeons. Learned advocate appearing for the State draws the attention of the Court to the injury suffered and the statement of eyewitness recorded under Section 161 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that there are case and counter case between the private parties, we grant anticipatory bail to the petitioners.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 1690 of 2022 is, thus disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)