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Calcutta High CourtCRM (A)/1451/2023allowed

Mobarak Ali And ORS v. State Of West Bengal

2023-04-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1451 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nalhati P.S. Case No.25 of 2023 dated 20/01/2023 under Sections 341/323/324/325/326/307/506/34 of the Indian Penal Code, 1860.

And In the matter of: Mobarak Ali & Ors.

....petitioners.

Mr. Sujoy Sarkar Mr. Rahul Chachan ...for the petitioners.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioners pray for anticipatory bail.

(AD) 05.04.2023 Court No.29 (Allowed) An incident of assault took place where apparently, the assailants used bamboo sticks to cause the assault. One person suffered a fracture injury on the nasal bone. Two other injured did not suffer any grievous hurt.

Considering the nature of injuries and 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos.1 to 6 will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner nos.7 and 8 will cooperate with the

investigation till the conclusion of the investigation 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. The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 1451 of 2023 is disposed of.

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