Calcutta High CourtCRM (A)/1999/2023partly allowed

Sk Sagir And ORS v. State Of West Bengal

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

C.R.M. (A) 1999 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur (Town) P.S. Case No.104 of 2023 dated 26/02/2023 under Sections 341/323/325/354B/307/509/506/34 of the Indian Penal Code, 1860.

And In the matter of: Sk Sagir & Ors.

....petitioners.

Ms. Sananda Bhattacharyya ...for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

Petitioners pray for anticipatory bail.

(AD) 16.05.2023 Court No.29 (Partly Allowed) C.R.M. (A) 1999 of 2023 is dismissed as withdrawn so far as the petitioner no.8, namely, Sk Kabir (Minor) is concerned. In an incident of assault, five persons received injuries. None of the injuries were classified as grievous hurt. Considering the gravity of the offence and the involvement of the petitioners in the incident, we grant anticipatory bail to the petitioner nos. 1 to 7.

Accordingly, we direct that in the event of arrest, the petitioner nos.1 to 7 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.1,2,5 and 7 will report before the Investigating Officer once a month till the conclusion of the investigation and petitioner nos.3,4 and 6 will cooperate

with the investigation till the conclusion of the investigation and on condition that the petitioner nos.1 to 7 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 nos.1 to 7 in Court including cancelling the anticipatory bail granted without further reference to this Court. The prayer for anticipatory bail of the petitioner nos.1 to 7 is allowed.

C.R.M. (A) 1999 of 2023 is disposed of.

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