Selim Sk And ANR v. State Of West Bengal

11.05.2023 Serial no. 11 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 1935 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwangola Police Station Case No. 66 of 2023 dated 22.02.2023 under Sections 341/323/325/308/379/34 of the IPC and Charge sheet submitted under Sections 341/323/325/308/34 of the IPC. (corresponding to G.R. case no. 543 of 2023) -AndIn the matter of : Selim Sk & Anr.

... ... Petitioners Mr. Ali Ahsan Alamgir, Ms. Soma Mal, Ms. Rabia Khatun, Advocates ... ... For the Petitioners Mr. Swapan Banerjee, Mr. Anindya Sundar Chatterjee, Advocates ... ...For the State Police filed charge sheet omitting Section 379 of the Indian Penal Code, 1860.

Apparently, an incident of assault took place where, one injured suffered grievous hurt.

Considering the gravity of the offence and the involvement of the petitioners in the incident and the fact that police filed charge sheet, 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/- (Rupees Ten Thousand Only) 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 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 1935 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)