Sariful Mondal And ORS v. State Of West Bengal

28.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1264 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 110 of 2023 dated 04.02.2023 under Sections 341/ 323/ 325/ 326/ 307/ 354/ 354B/34 of the Indian Penal Code.

And In the matter of: Sariful Mondal & ors.

...... petitioners Mr. Asraf Mandal ....for the petitioners Mr. Arijit Ganguly, Mr. Avik Ghatak ....for the State Apparently, there is another police complaint with regard to the same incident.

Apparently, an incident of assault was took place. One of the injured received two bleeding cut injuries on the scalp. None of the injuries were classified as grievous hurt. Considering the gravity of the offence and involvement of the petitioners in the incident, we grant anticipatory bail to the petitioners.

Accordingly, we direct that 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, 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 petitioner no.1, namely, Sariful

Mondal, petitioner no.2, namely, Kashem Halsana and petitioner no.3, namely, Apiladdin Halsana will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.4, namely, Alaya Bibi @ Aliya Bibi Mondal will cooperate with the Investigating Officer 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 accuseds 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)