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Calcutta High CourtCRM (A)/1991/2023allowed

Samiul Sk And ANR v. State Of West Bengal

2023-05-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 1991 of 2023 16.05.2023 Sl.5 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 408 of 2022 dated 11.10.2022 under Sections 448/325/326/307/34 of the Indian Penal Code. And In the matter of: Samiul Sk & Anr.

....petitioners.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the petitioners.

Mr. Iqbal Kabir ...for the State.

Petitioners pray for anticipatory bail.

There are civil disputes between the private parties. Three persons suffered injuries in an incident of assault. All the injuries were classified as severe.

Two of the injured received cut injuries.

Police filed charge sheet.

Considering the gravity of the offence and the involvement of the petitioners in the incident, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 1991 of 2023 is disposed of.

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