Atabul Sk & ORS v. State Of West Bengal

23.09.2020 Court No.16 Sl. No. 42 GB/SD CRM 6261 of 2020 CRAN 1 of 2020 (Old No. CRAN 4772 of 2020) (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Raghunathganj P.S. Case No.190 of dated 24.04.2020 under Sections 341/323/325/326/307/34 of the Indian Penal Code and Sections 25(1-B)(C)/27 of the Arms Act and Section 3/4 of the E.S. Act. And In the matter of: Atabul Sk & Ors.

....Petitioners.

Mr. Asif Dewan.

...for the Petitioners.

Ms. Sukanya Bhattacharya Md. Kutubuddin ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners claim that a minor incident led to some violence and exaggerated charges have been brought against the petitioners.

The State says that bombs were hurled and though the injuries suffered were minor, the methods used by the petitioners could have been fatal.

Considering the nature of the injuries, the petitioners need not be taken into custody at this stage as long as they cooperate with the investigation and report to the investigating officer as and when called till the investigation is completed.

In the event of arrest, the petitioners will be enlarged on bail upon furnishing a bond of Rs.10,000/- (ten thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. In addition, the petitioners will abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6261 of 2020 along with the interim application therein are disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)