Basanti Das And ANR v. State Of West Bengal

24.04.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1714 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 70 of 2023 dated 16.02.2023 under Sections 341/ 323/ 325/ 308/ 506/ 34 of the Indian Penal Code.

And In the matter of: Basanti Das & anr.

...... petitioners Mr. J. I. Hossain ....for the petitioners Mr. Abhra Mukherjee, Mr. Dipankar Mahata ....for the State In an incident of assault the victim suffered simple injury. A co-accused was enlarged on anticipatory bail by the order dated April 11, 2023 passed in CRM (A) 1528 of 2023. Petitioners apparently stand on the same footing as other co-accused.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that petitioners will cooperate with the Investigating Officer till the conclusion of the

investigation and on further condition that the petitioners 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 petitioners 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.) (Rai Chattopadhyay J.)