Nilima Jana And ORS v. State Of West Bengal

01.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1829 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pursurah Police Station Case No. 92 of 2023 dated 13.04.2023 under Sections 341/325/307/354B/509/506/34 of the Indian Penal Code, 1860.

And In the matter of: Nilima Jana & ors.

...... petitioners Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Mr. Sourov Mondal ....for the petitioners Mr. Avishek Sinha ....for the State An incident of assault took place where, some persons received injuries. There are two police complaint. None of the injuries in the present complaint appears to be of grievous hurt. Apparently, fists and blows, bricks and wooden baton were used in the assault.

Considering the gravity of the offence and involvement of the petitioners in the incident, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners will 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, 1973 and on further condition that petitioner no.1, namely, Nilima Jana, petitioner no.2, namely, Pratima Jana, petitioner no.4, namely, Asha Jana @ Ashalata Jana and petitioner no.5, namely, Mamata Jana @ Mamata Dhara Jana will cooperate with the Investigating Officer till the conclusion of the investigation and petitioner no.3, namely, Jagabandhu Jana will report before the Investigating Officer once in a month till the conclusion of investigation and on condition that the petitioners 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 petitioners in court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)