Feroz Waheed @ Feroz Wahid And ANR v. State Of West Bengal

08.

24.09.2021 Ct.32 Tanmoy C.R.M. 3915 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Park Street Police Station Case No. 54/21 dated 27/04/2021 under Sections 326/506/114 of the Indian Penal Code. And In the matter of: - Feroz Waheed @ Feroz Wahid & Anr. ...petitioners.

Mr. Parthapratim Das ...for the petitioners.

Mr. Neguive Ahmed, Ld. A.P.P., Ms. Amita Gaur, Mr. N.P. Agarwal ...for the State.

The petitioners undertake to affirm and stamp the petition as per Rules within a week from date of passing of this order. Subject to such undertaking, the application is taken up for hearing.

The petitioners say that the incident arose when the de facto complainant and his associates started playing cricket on the streets at 2 a.m. in the morning. The petitioners protested. There was a skirmish between them. The victim got injured. There was no criminal intent on the part of the petitioners. We have seen the medical report. The victim suffered head injury. It cannot be said that the injury is of a simple nature. The injured person has recorded his statement wherein he has stated that the petitioner no.2 is the assailant who hit him on the head with an iron rod. Although the petitioner no.1 was also present in the scene, no overt act has been attributed to him.

Considering the nature of the injury and the possible complicity of the petitioner no.2 in the incident, we are not inclined to allow the prayer of the petitioner no.2 for anticipatory bail as investigation is in progress.

The application for anticipatory bail is dismissed insofar as the petitioner no.2, viz., Fouad Fazle Karim, is concerned. However, in view of the nature of allegations against the petitioner no.1, we are of the view that his immediate custodial interrogation may not be necessary so long as he co-operates with the Investigation Officer.

Accordingly, in the event of arrest, the petitioner no.1, viz., Feroz Waheed @ Feroz Wahid shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. In case the petitioner no.1 fails to adhere to any of the conditions mentioned in Section 438(2) of the Code, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court.

The application being C.R.M.

of is, accordingly, disposed of.

All parties shall act in terms of server copy of this order downloaded from the official website of this Court. (Bivas Pattanayak, J.) (Arijit Banerjee, J.)