Sabruja @ Sbruja Sk And Another v. State Of West Bengal

55.

18-08-2021 (ct. no.32) ssi Allowed (Via Video Conference) CRM 2755 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 11 of 2021 dated 06.01.2021 under Sections 341/325/326/307/ 34 of the Indian Penal Code.

- A n d - In the matter of : Sabruja @ Sbruja Sk & anr. .... Petitioners.

Mr. Jisan Iqubal Hossain ... For the Petitioners.

Mr. Bidyut Kr. Roy Ms. Rita Datta Ms. Puspita Saha ... For the State.

The petitioners are 2 out of 4 accused persons. The other two accused persons have been granted anticipatory bail by the learned Court below.

The charge is of causing grievous bodily harm to the victim.

The petitioners say that the incident was a fall out of land dispute.

We have considered the material on record including the statements of witnesses and the injury report. On an overall assessment of the material on record and since the other two accused persons who have been granted anticipatory bail appear to be standing on the same footing as the present petitioners and as also charge-sheet has already been filed upon completion of investigation, we are inclined to allow the petitioners' prayer for anticipatory

bail, so long as they co-operate with the further investigation, if any.

Accordingly, in the event of arrest, the petitioners will 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 the petitioners fail to adhere to any of the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 2755 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Suvra Ghosh, J. ) ( Arijit Banerjee, J. )