Madhusudan Sen v. State Of West Bengal

24.03.2023 Serial no. 25 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1220 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No. 235 of 2021 dated 13.06.2021 under Sections 307/323/325/379/427/504/34 of the IPC. -AndIn the matter of : Madhusudan Sen & Anr. ... ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Atif Ahmed Siddiqui, Advocate ... ...For the State The injury report states that the victim was physically assaulted by fists. The injury was not classified as grievous hurt.

Apparently, an incident of assault took place. 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 month 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) 1220 of 2023 is disposed of.

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