Ashis Sarkar v. State Of West Bengal

17.05.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2028 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 791 of 2022 dated 08.10.2022 under Sections 325/379/427/34 of the Indian Penal Code and adding Section 307 of the Indian Penal Code. And In Re : Ashis Sarkar ...... petitioner Mr. Asraf Mondal ....for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Dutta ....for the State Police filed charge-sheet.

There are pre-existing disputes relating to an immovable property between the private parties.

The injury report does not classify the injury suffered as grievous hurt. A cut injury over scalp and bruise over back and arms were found.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 Section 438(2) of the Code of

Criminal Procedure, 1973 and on condition that the petitioner 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 in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)