Lalu Sk. And ORS. v. State Of West Bengal

28.03.2024 Item No.15 Ct. No. 29 CHC Allowed C.R.M.(A) 1048 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Murshidabad Police Station Case No. 517/2023 dated 12.07.2023 under Sections 341/325/326/307/34 of the Indian Penal Code, pending before the Learned Additional Chief Judicial Magistrate, Lalbagh, Murshidabad. And In the matter of : Lalu Sk & ors.

...... petitioners Mr. Jisan Iqubal Hossain ....for the petitioners Mr. Sanjoy Bardhan, Ms. Rita Dutta ....for the State Petitioners pray for anticipatory bail.

Police filed charge-sheet.

Injured suffered fracture of the arm in an incident of assault. Injured recorded her statement under Section 161 of the Criminal Procedure Code, where he named number of persons including three petitioners before us who participated in the assault as against him. He however, did not identify the persons who caused the injuries that he suffered. In his statement he does not ascribe specific role to the petitioners before us.

Considering the fact that police filed charge-sheet and considering the materials in the Case Diary, we grant anticipatory bail to the petitioners.

Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 28 th of March 2024 02:20:04 PM

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 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. This application for anticipatory bail is, thus, allowed. CRM(A) 1048 of 2024 is disposed of.

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