Calcutta High CourtCRM/4059/2021allowed

Sujay Halder @ Sujoy Halder @ Naru Halder And ORS v. State Of West Bengal

2021-11-10Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

10.11.2021 Serial no.32 Aloke Ct. No. 29 (Through Video Conference) CRM 4059 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.06.2021 in connection with Nakashipara P.S. Case No. 179 of 2021 dated 21.04.2021 under Sections 447/325/326/34 of the Indian Penal Code. -AndIn the matter of: Sujay Halder @ Sujoy Halder @ Naru Halder & Ors.

... Petitioners Mr. Sumanta Das, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that there are case and counter cases amongst the private parties. Petitioners also sustained injuries.

Learned Advocate appearing for the State draws the attention of the Court to the injury report and to the statement of the injured recorded under Section 161 of the Criminal Procedure. Considering the materials in the case diary and considering the fact that the petitioner no. 2 (Manada Haalder) is a lady, we are inclined to grant anticipatory bail to petitioner no. 2 (Manada Haalder).

So far as petitioner nos. 1 and 2 are concerned, we are not inclined to grant anticipatory bail to them given the materials in the case diary and their involvement in the incident. The prayer for anticipatory bail of petitioner nos. 1 and 2 are rejected. Accordingly, we direct that in the event of arrest, the petitioner no. 2 (Manada Haalder) shall be released on anticipatory 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 subject to the conditions as laid down

under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no. 2 (Manada Haalder) shall cooperate with the investigation.

The prayer for anticipatory bail is partly allowed. CRM 4059 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)