← Library
Calcutta High CourtCRM/2934/2021partly allowed

Kalobabu Seikh And ORS v. State Of West Bengal

2021-09-16Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

16.09.2021 Ct. No. 29 KAUSHIK Partly Allowed C.R.M. 2934 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip Police Station Case No. 23 of 2021 dated 15.01.2021 under Sections 448/326/307/34 of the Indian Penal Code, 1860.

And In Re : Kalobabu Seikh & Ors. ...... petitioners Ms. Karabi Roy .....for the petitioner Mr. S. S. Imam Mr. Arabinda Manna ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that, there is a history of litigation between the parties. She submits that, the petitioner no. 2 was arrested and was granted bail.

Learned advocate appearing for the State draws the attention of the Court to the injury report.

Considering the facts and circumstances of the case, the injury report and that the fact that the petitioner no. 2 was granted bail, we are inclined to grant anticipatory bail to the petitioner nos. 1 (Kalobabu Seikh) and 3 (Rajjak Sekh).

So far as the petitioner no. 2 (Arab Sekh) is concerned, the present application is treated as 'not pressed'. Accordingly, we direct that in the event of arrest the petitioners shall 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 on further conditions that the petitioners shall meet the investigating officer once in a week until further orders and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)