Swapan Metia And ANR. v. State Of West Bengal

16.04.2024 Item No.6 (SL) AD/SD Court No.28 (Allowed) C.R.M. (A) No. 1328 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uluberia Police Station Case No. 454 of 2023 dated 28.10.2023 under Sections 341/323/325/307/354/379/34 of the Indian Penal Code, 1860, pending before the Learned Additional Chief Judicial Magistrate at Uluberia. (G.R. Case No.2643 of 2023) And In Re : Swapan Metia & Anr.

..... petitioners Mr. Shraman Sarkar Mr. Tasnim Ahamed .....for the petitioners Mr. Rudradipta Nandy, Ld. APP ....for the State

1. Petitioners submit there was dispute over sharing of a common passage. They have been falsely implicated. Co-accused have been granted regular bail. They pray for anticipatory bail.

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

3. We have considered the materials on record. We have also examined the injury reports. No internal injury was caused on vital organs. Whether the injuries are life threatening may be assessed during trial.

4. Keeping in mind the facts of the case and the nature of injuries, we are inclined to grant anticipatory bail to the petitioners.

5. 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 Signed By :

ABHIJIT DAS High Court of Calcutta 18 th of April 2024 04:47:24 PM

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 they 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 petitioners is allowed.

7. C.R.M. (A) No. 1328 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 18 th of April 2024 04:47:24 PM