Calcutta High CourtCRM (A)/1125/2024allowed

Asraf Sekh @ Asraf Ali Sekh @ Asrof Ali Sekh v. State Of West Bengal

2024-04-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Prasenjit Biswas2 pages

08.04.2024 Item No.65 AD/SD Court No.28 (Allowed) C.R.M. (A) No. 1125 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chapra Police Station Case No. 112 of 2024 dated 10.02.2024 under Sections 447/325/326/354B/427/506/34 of the Indian Penal Code, 1860 presently pending before the Court of Learned Chief Judicial Magistrate, Nadia. (G.R. Case No.817 of 2024) And In Re : Asraf Sekh @ Asraf Ali Sekh @ Asrof Ali Sekh ..... petitioner Mr. Prabir Majumder .....for the petitioner Mr. Debasish Roy, Ld. PP Mr. Rudradipta Nandy, Ld. APP Ms. Nahid Ahmed ....for the State

1. Petitioner contends there was a free fight between parties. Case and counter case were registered. Petitioner had suffered fracture. Accordingly, he prays for anticipatory bail.

2. Learned lawyer for the State opposes the prayer for anticipatory bail.

3. We have considered the materials on record. There was a free fight between parties. Case and counter case were registered. Petitioner sustained bone fracture. Whether the petitioner had exercised his right of private defence or not requires to be assessed at the appropriate stage of proceeding.

4. Bearing in mind the aforesaid facts including the fact that petitioner had also suffered grievous injury in the incident, we are inclined to grant anticipatory bail to the petitioner.

Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of April 2024 06:13:51 PM

5. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 he shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

6. The prayer for anticipatory bail of the petitioner is allowed.

7. C.R.M. (A) No. 1125 of 2024 is disposed of. (Prasenjit Biswas, J.) (Joymalya Bagchi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of April 2024 06:13:51 PM