Calcutta High CourtCRM/3170/2021dismissed

Sarala Soren @ Hansda v. State Of West Bengal

2021-09-27Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

27.09.2021 Item no.52.

Court No.32.

AB (Allowed) (Via Video Conference) CRM No. 3170 of 2021 In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure filed on 7.4.2021 in connection with Gazole Police Station Case No.289 of 2018 Dated 9.6.2018 under Sections 448/436/379/506/34 of the Indian Penal Code And In the matter of : Sarala Soren @ Hansda & Others ......Petitioners.

Mr. K. M. Rahaman ......for the Petitioners.

Md. Anowar Hossain, Ms. Sreyashee Biswas ......for the State.

The petitioners say that the incident was a fall-out of property dispute. There was a free fight between two groups. The charges are under Sections 448/436/379/506/34 of the Indian Penal Code. Charge sheet has been submitted under Sections 448/436/506/34 of the Indian Penal Code. We have seen the material in the case diary. There is no seizure list. There is no injury report.

On an overall assessment of the facts and circumstances of the case and the material on record and considering that charge sheet has already been submitted, we are of the view that immediate custodial interrogation of the petitioners is not necessary.

Accordingly, in the event of arrest, the petitioners, namely Sarala Soren @ Hansda, Subhendu Soren, Mathur Tudu and Pramila @ Purnima Hansda shall be released on bail upon furnishing a bond of Rs.10,000/-each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure until further orders.

In case the petitioners fail to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being C.R.M. No.3170 of 2021 is, thus, allowed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)