Hriday Mondal And ANR v. State Of West Bengal
48.
08-11-2021 (ct. no.32) debajyoti CRM 3952 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No.32 of 2021 dated 0502-2021 under Sections 447/427/325/307/34 of the Indian Penal Code.
- A n d - In the matter of : Hriday Mondal & Anr.
.... Petitioners.
Mr. Manas Kumar Das ... For the Petitioners.
Mr. S. S. Imam, Mr. Subrato Roy ... For the State.
The allegation is that the petitioners trespassed into the land of the victim and destroyed garlic grown there. This led to an altercation between the petitioners and the victim and the victim sustained injury.
We have seen the material in the Case Diary. The injury suffered by the victim is not very serious. It appears to be a dispute between neighbours. Charge Sheet has been filed upon completion of investigation.
On an overall assessment of the nature and gravity of the alleged offence and the material on record, we are of the view that the petitioners' prayer for anticipatory bail may be allowed.
Accordingly, in the event of arrest, the petitioners, namely, Hriday Mondal and Soumen Mondal, shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting
Officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure and shall meet the Investigating Officer once in every fortnight until further orders.
In the event the petitioners fail to adhere to any of the conditions stipulated above, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.
The application for anticipatory bail being CRM 3952 of 2021 is, thus, allowed.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )