Sk Kamrul Islam And ORS v. State Of West Bengal

06.06.2022 cm/ct 28 C.R.M. (A) No. 2288 of 2022 sl no. 54 In Re : An application for bail under section 438 of the Code of Criminal Procedure in connection with Ratua P.S Case No. 13 of 2022 dated 10.01.2022 under Sections 341/324/325/326/307/34 of the Indian Penal Code.

And In Re : Sk. Kamrul Islam & Ors.

..... petitioners Mr. Rajdeep Mazumder Ms. Shyanti Poddar ... for the Petitioners.

Mr. Binay Panda Ms. Puspita Saha ...... for the State It is submitted on behalf of the petitioners that there was dispute amongst neighbours and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for bail and submits that the victim suffered head injuries. We have considered the materials on record. Dispute arose between neighbours and there was a free fight. Report shows that the injuries do not have any depth. Under such circumstances and keeping in mind the general and omnibus nature of allegations and as investigation is complete, we are inclined to grant pre arrest 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/- 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.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2288 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)