Mallinath Basu @ Mallinath Bose v. State Of West Bengal

17.04.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1590 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nager Bazar Police Station Case No. 85 of 2023 dated 18.03.2023 under Sections 323/354/448/452/506/120B/34 of the Indian Penal Code, 1860.

And In the matter of : Mallinath Basu alias Mallinath Bose ...... petitioner Mr. Sakabda Roy, Mr. Anindya Halder ....for the petitioner Mrs. Faria Hossain, Ms. Baisali Basu ....for the State Apparently, there were disputes with regard to the cosharers. There was an incident of assault.

The injury suffered apparently is simple in nature. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), 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 further

condition that the petitioner will meet the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioner 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 petitioner 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.)