Subhas Chandra Das v. State Of West Bengal

11.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1944 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (M) Police Station Case No. 73 of 2023 dated 26.03.2023 under Sections 341/323/324/506/307/34 of the Indian Penal Code, 1860.

And In Re : Subhas Chandra Das ...... petitioner Mr. Abhra Mukherjee Mr. Sauradeep Dutta Mr. A. Mukherjee Mr. S. K. Mondal ....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Pritha Paul ....for the State An incident of assault took place.

Apparently, one of the injured suffered a hairline fracture on the middle finger.

As to whether the nature of assault constituted an attempt to murder or not may be decided at the trial. Considering the gravity of the offence and the involvement of the petitioner in the incident, we 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/-, 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 meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner 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 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.)