Sk. Tabarak Ali And ORS v. The State Of West Bengal

01.05.2024 Item No.19 Ct. No. 29 CHC Allowed C.R.M.(A) 1552 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Panskura Police Station Case No. 109 of 2024 dated 03.02.2024 under Sections 323/324/325/447/354B/379/307/506/34 of the Indian Penal Code, pending before the Learned Court of Chief Judicial Magistrate, Purba Medinipur.

And In the matter of : Sk. Tabarak Ali & ors.

...... petitioners Mr. Amal Krishna Samanta ....for the petitioners Mr. Rana Mukherjee, Mr. Dipankar Mahata ....for the State Petitioners pray for anticipatory bail.

Six persons suffered injuries in an incident of physical assault. Two of the injured suffered sharp cutting injury over the occipital region of scalp.

The injuries apparently were caused by wooden stick used in the assault.

None of the injuries were classified as grievous hurt. Considering the nature of the incident and the injuries suffered, we 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 1 st of May 2024 04:15:21 PM

Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.1, namely, Sk. Tabarak Ali, petitioner no.2, namely, Sk. Besarat Ali, petitioner no.3, namely, Sk. Mobarak Ali, petitioner no.4, namely, Sk. Hafijul Ali @ Sk. Hapijul Ali, petitioner no.5, namely, Sk. Hamidul Ali, petitioner no.6, namely, Sk. Mafijul Ali @ Sk. Mofijul Ali, petitioner no.7, namely, Sk. Mustafa Ali @ Mehebul Ali and petitioner no.8, namely, Sk. Rahim Ali will report before the Investigating Officer once in a week till the conclusion of investigation and petitioner no.9, namely, Halima Bibi, petitioner no.10, namely, Rehana Bibi, petitioner no.11, namely, Muslema Bibi and petitioner no.

12, namely, Moisuda Bibi @ Maimuda Bibi will cooperate with the 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. CRM(A) 1552 of 2024 is disposed of.

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