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Calcutta High CourtCRM (A)/1955/2023allowed

Hillal Dafadar v. State Of West Bengal

2023-05-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

12.05.2023 Serial no. 08 [Dd] (Anticipatory bail) (Allowed) CRM (A) 1955 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 196 of 2023 dated 11.03.2023 under Sections 341/323/326/34 of the Indian Penal Code. -AndIn the matter of : Hillal Dafadar ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Imran Ali, Ms. Sutapa Banerjee, Advocate ... ...For the State There is a counter police compliant.

The present police case is second in point in time in respect of an incident of assault. An injured suffered injuries on the index finger. Apparently, the index finger was fractured. The injured also suffered blunt trauma at the back of the head.

Considering that an incident of assault took place where the injuries suffered by the injured are as noted herein above, 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 1955 of 2023 is disposed of.

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