Abdul Rahim Khan v. State Of West Bengal

05.10.2021 Ct. No. 29 sdas Allowed C.R.M. 3809 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Town Police Station Case No. 03 of 2021 dated 09.01.2021 under Sections 341/326/307/34 of the Indian Penal Code. And In Re : Abdul Rahim Khan ...... petitioner Mr. Rajdeep Mazumder Mr. Moyukh Mukherjee Mr. Abhijit Singh Mr. Sarthak Mondal .....for the petitioner Mr. Saibal Bapuli, learned A.P.P.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ....for the State Md. Salahuddin Mr. Bharatch Simai ..... for the de facto complainant Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that two other co-accused persons were granted anticipatory bail by the co-ordinate Bench. He also submits that the incident was fall out of a dispute with regard to the parking of a vehicle.

State and de facto complainant are represented.

Learned advocate appearing for the State draws the attention of the Court to the contents of the case diary and to the injury report.

Learned advocate appearing for the de facto complainant submits that his client was hospitalized for about forty days. Considering the materials in the case diary and considering the fact that two other co-accused persons were granted anticipatory bail by the co-ordinate Bench, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 further conditions that the petitioner shall meet the investigating officer once in a month until further orders and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)