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Calcutta High CourtCRM (A)/1229/2024allowed

Saifuddin Sk v. State Of West Bengal

2024-04-15Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

15.04.2024 S.D./A.D.

Allowed C.R.M. (A) No. 1229 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 105 of 2024 dated 30.01.2024 under Sections 498A/323/325/354/307/506 & 34 of the Indian Penal Code pending before the learned Chief Judicial Magistrate at Krishnagar at Nadia.

And In Re : Saifuddin Sk. ..... petitioner Mr. Sumanta Das Ms. Atreyee Halder .....for the petitioner Mr. Binoy Kumar Panda Mr. Shashanka Shekhar Saha ....for the State

1. Petitioner submits there is a property dispute between two brothers. Petitioner has been falsely implicated in the case. 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. Statements of witnesses show there was a fight amongst family members. Injury report does not disclose external injury.

4. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.

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 Signed By :

Surojit Das High Court of Calcutta 18 th of April 2024 11:43:31 PM

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 he shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

6. The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

Surojit Das High Court of Calcutta 18 th of April 2024 11:43:31 PM