Calcutta High CourtCRM (A)/1357/2024allowed

Abul Hossain Sk And ORS. v. State Of West Bengal

2024-04-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.04.2024 SL No. 73 Ct No. 29 SB C.R.M. (A) 1357 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Berhampore P.S. Case No. 427 of 2024 dated 27.3.2024 under Sections 448/325/326/307/354/506/34 of the Indian Penal Code. And In the matter of: Abul Hossain Sk. & Ors.

....Petitioners Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the Petitioners Mr. Prosun Kr. Datta Mr. Jisan Iqbal Hossain ...for the State

1. Two persons suffered injuries in an incident of assault. One of the injuries was classified as grievous hurt. Apparently, there was a trauma to the shoulder which required an X-Ray to be done.

2. Considering the fact that the incident was of physical assault and that the grievous hurt, if any, suffered was not on a vital part of the body or organ, we grant anticipatory bail to the petitioners.

3. 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. The petitioners shall appear before the Investigating Officer once in a week till the Signed By :

SRIMANTA MAJI High Court of Calcutta 19 th of April 2024 05:23:02 PM

conclusion of the investigation and on 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.

4. This application for anticipatory bail is, thus, allowed.

5. C.R.M (A) 1357 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :

SRIMANTA MAJI High Court of Calcutta 19 th of April 2024 05:23:02 PM