Maidul Malithya @ Malitha And ORS v. State Of West Bengal

24.03.2023 Serial no. 24 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1219 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 48 of 2023 dated 07.03.2023 under Sections 448/376/325/379/506/34 of IPC.

-AndIn the matter of : Maidul Malithya @ Malitha & Anr. ... ... Petitioners Mr. Asraf Mondal, Advocate ... ... For the Petitioners Mr. Abhra Mukherjee, Mr. Dipankar Mahata, Advocate ... ...For the State The claim recorded in the statement under Section 164 of the Criminal Procedure Code by the victim apparently, at this stage, is not corroborated by any other materials including the medical examination report. Apparently, there was an incident of assault.

In such circumstances, we are inclined to 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 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 report before the Investigating Officer once in a week till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 1219 of 2023 is disposed of.

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