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Calcutta High CourtCRM (A)/2033/2023allowed

Indrajit Mandal And ORS v. State Of West Bengal

2023-05-17Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

17.05.2023 Serial no. 25 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 2033 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Mothabari Police Station Case No. 53 of 2023 dated 27.02.2023 under Sections 448/325/326/307/34 of the Indian Penal Code.

-AndIn the matter of : Indrajit Mandal & Ors. ... ... Petitioners Mr. Arup Kumar Bhowmick, Advocate ... ... For the Petitioners Mr. Joydeep Roy, Jr. Govt. Adv.

Mr. Amanul Islam, Advocates ... ...For the State An incident of assault took place. The police complaint was lodged 4 months after the date of the incident. None of the injuries were classified as grievous hurt.

Considering the gravity of the offence and the involvement of the petitioners in the incident as also the delay in lodgment of the first information report, we are inclined to 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 2033 of 2023 is disposed of.

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