Nur Alam Taj And ORS v. State Of West Bengal

05.04.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1429 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal (Malda) Police Station Case No. 158 of 2023 dated 07.02.2023 under Sections 448/ 323/ 325/ 326/ 354/ 308/ 379/ 34 of the Indian Penal Code.

And In the matter of : Nur Alam Taj & ors.

...... petitioners Mr. Suman De, Mr. Shakti Chakraborty, Ms. Rituparna Das ....for the petitioners Mr. Shiladitya Banerjee ....for the State Two persons apparently suffered injuries in a physical assault. The injuries apparently are superficial in nature. The injuries were classified as simple in both the cases. In such circumstances, considering the gravity of the offence and involvement of the petitioners in the incident we grant anticipatory bail to the petitioners.

In such circumstances, we deem it appropriate to grant anticipatory bail to the petitioner.

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, Nur Alam Taj, petitioner no.2, namely, Nur Salam Taj, petitioner no.3, namely, Nur Kalam Taj, petitioner no.4, namely, Nur Nejam Taj, petitioner no.5, namely, Nur Anjam Taj and petitioner no.6, namely, Rabbul Hossain will report before the Investigating Officer once in a fortnight till the conclusion of investigation and petitioner no.7, namely, Hajinur Khatun, petitioner no.8, namely, Majenur Khatun, petitioner no.9, namely, Sumi Bibi, petitioner no.10, namely, Lipi Bibi and petitioner no.

10, namely, Riya Bibi 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.)