Abdul Rasid Din And ORS v. State Of West Bengal

C.R.M. (A) 1815 of 2023 28.04.2023 Sl.12 Court No.29 (AD) (Partly Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No.1171 of 2022 dated 27.12.2022 under Sections 447/341/323/325/307/354B/506/34 of the Indian Penal Code (GR No.3720/2022).

And In the matter of: Abdul Rasid Din & Ors.

....petitioners.

Mr. Suman De ... for the petitioners.

Mr. Avishek Sinha ...for the State.

Petitioners pray for anticipatory bail.

In an incident of assault, petitioner no.1 threw a five-year old child who sustained injuries.

None of the injuries suffered in the incident of assault were classified as grievous hurt.

However, in view of the conduct of the first petitioner in throwing a child who also received injuries, we are unable to grant anticipatory bail to the petitioner no.1, namely, Abdul Rasid Din. Accordingly, the prayer for anticipatory bail of the petitioner no.1, namely, Abdul Rasid Din, is rejected.

So far as the other petitioners, that is, petitioner nos.2 to 8, namely, Rijia Bibi @ Rijiya Bibi, Reshma Bibi, Rahima Bibi @ Rahiman Bibi, Raju Din, Mahera Bibi, Manjura Bibi, Arjina Bibi, are concerned, we grant them anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioner nos.2 to 8 shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, 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 condition that the petitioner no.5 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner nos.2,3,4,6,7 and 8 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioner nos.2 to 8 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 petitioner nos.2 to 8 in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner nos.2 to 8, namely, Rijia Bibi @ Rijiya Bibi, Reshma Bibi, Rahima Bibi @ Rahiman Bibi, Raju Din, Mahera Bibi, Manjura Bibi, Arjina Bibi, is allowed.

C.R.M. (A) 1815 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)