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Calcutta High CourtCRM/4379/2021allowed

Md Rubel Anwar @ Sk Ruhul v. State Of West Bengal

2021-12-13Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

13.12.2021 Serial no. 51 Dd (Through Video Conference) CRM 4379 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak Police Station Case No. 395 of 2019 dated 08.10.2019 under Sections 447 /323 /325 /307 /354 /427 /34 of the Indian Penal Code (Corresponding to G.R. Case No. 4681 of 2019) -AndIn the matter of : Md. Rubel Anwar @ Sk Ruhul ... Petitioner Mr. Mazhar Hossain Chowdhury, Advocate ... ... For the Petitioner Mr. N. P. Agarwal Ms. Subhasree Patil, Advocates ... ...For the State It is submitted on behalf of the petitioner that case and counter case were registered between the parties over the self-same incident.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the injury report. Injuries are simple in nature. In view of the aforesaid facts and in the light of the submissions that there are case and counter-case on the selfsame incident, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on 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 also be 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 shall appear before the Court below and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Joymalya Bagchi, J.) (Bivas Pattanayak, J.)