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Calcutta High CourtCRM (A)/2863/2022allowed

Barun Halder And ORS v. State Of West Bengal

2022-06-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

17.06.2022 cm/ct 28 C.R.M.(A) 2863 of 2022 sl no. 166 In Re : An application for Anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Bhimpur P.S. Case No. 289 of 2021 dated 14.10.2021 under Sections 341/325/326/307/506/34 of the Indian Penal Code.

And In Re : Barun Halder & Ors.

..... petitioners Mr. Prabir Majumder Mr. Snehansu Majumder ...... for the petitioners Mr. Sourav Mukherjee ... for the de-facto complaint.

Mr. Amnaul Islam ...... for the State Learned advocate for the petitioners submit there was a free fight between the parties. Both the parties suffered injuries. Learned lawyer for the de facto complaint submit parties have amicably resolved their dispute and his client does not oppose the prayer for anticipatory bail.

Learned lawyer for the State produces the case diary. We have considered the materials on record. Injuries are noted in the medical papers do not appear to be life threatening. In view of the aforesaid fact and as parties have amicably resolved their dispute, we are of the opinion no worthwhile purpose to be served in subjecting the petitioners to custody. Accordingly, they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall 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 subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) No. 2863 of 2022 is disposed of.

( Ananya Bandyopadhyay, J. ) ( Joymalya Bagchi, J.)