Sahidul Alam @ Soidul @ Saidul And ORS v. State Of West Bengal

C.R.M. (A) 1988 of 2022 29.04.2022 Sl. 44 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 216 of 2022 dated 25.03.2022 under Sections 447/376/511/324/308/323/34 of the Indian Penal Code.

And In the matter of: Sahidul Alam @ Soidul @ Saidul & Ors. ....petitioners.

Ms. Minoti Gomes ...for the petitioners.

Mr. Arijit Ganguly Mr. Avik Ghatak ...for the State.

Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioner submits that there was a long-standing dispute with regard to an immovable property. The petitioners were falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim and the statement of such victim recorded under Section 164 of the Criminal Procedure Code.

The victim in her statement recorded under Section 164 of the Criminal Procedure Code claims that there was an attempt to rape her. At the time of incident, apparently, a number of persons were present including ladies from the side of the petitioners. The injury suffered by the victim is not grievous hurt. Considering the gravity of the offence and the involvement of the petitioners therein as transpiring from the materials in the case diary, we 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner nos. 1, 2 and 3 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos. 4, 5 and 6 will co-operate with the investigation and on condition that the petitioners shall appear every day 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1988 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)