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Calcutta High CourtCRM (A)/2435/2022allowed

Asraful Alam Sk @ Sekh And ORS v. State Of West Bengal

2022-06-08Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

08.06.2022 tkm/ct 28 C.R.M. (A) 2435 of 2022 sl no. 128 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Nakashipara P.S case no. 300 of 2022 dated 22.4.2022 under sections 447/325/326/308/34 of the IPC And Allowed In Re : Asraful Alam Sk @ Sekh & Ors.

...... petitioners Mr. Amanul Islam Mr. Sourav Mukherjee ...... for the petitioners Mr. Debabrata Chatterjee Ms. Sonali Das ...... for the State It is submitted on behalf of the petitioners that the dispute arose among neighbours over construction of boundary wall. Learned lawyer for the State opposes the prayer for anticipatory bail.

Having considered materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioners and as injuries noted in the medical papers do not appear to be grievous, we are inclined to grant anticipatory bail to the petitioners.

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 be subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, and on further condition that the petitioners while on bail shall meet the investigating officer once in a week until further orders.

Petitioners shall appear before the court below and prays for regular bail within four weeks from date.

The application being CRM (A) 2435 of 2022 is disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)