Calcutta High CourtCRM (A)/2866/2022allowed

Sk Hasibul And ORS v. State Of West Bengal

2022-06-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

(AD) 20.06.2022 C.R.M. (A) 2866 of 2022 Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Labpur P.S. Case No.20 of 2022 dated 22/02/2022 under Sections 506/448/323/326/427/307 of the Indian Penal Code, 1860. And In the matter of: Sk. Hasibul & Ors.

....petitioners.

Mr. Vijay Verma ...for the petitioners.

Mr. Shiladitya Banerjee Mr. Mainak Gupta ...for the State.

Petitioners pray for anticipatory bail.

Learned Advocate appearing for the petitioners submits that the incident arose out of property disputes. There is a counter case also.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary and the injury suffered by the victim.

Considering the nature of injury suffered by the victim and considering the fact that there is a counter case, 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 further condition that the petitioner nos.1 to 9, namely, Sk. Hasibul, Angur Sk. @ Sekh Rijaul,

Milu Sk. @ Sk. Abdul Azim, Mirajul Sk., Raju Sk. @ Abdus Sattar, Sahidul Sk. @ Sk. Sahidullha, Rustom Sk., Obaidullha, Ujjal Sk. @ Abdus Samad, will report before the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no. 10, namely, Khadija Khatun, will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners shall appear every day 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) 2866 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)