Calcutta High CourtCRM (A)/2059/2023allowed

Sukumar Mandal And ORS v. State Of West Bengal

2023-05-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 2059 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Manikchak P.S. Case No.241 of 2023 dated 22/04/2023 under Sections 341/325/326/34 of the Indian Penal Code corresponding to G.R. No.2452 of 2023.

And In the matter of: Sukumar Mandal & Ors.

....petitioners.

Mr. Rafiaul Islam Mr. Arghya Chakrabarti Mr. Sontu Mia ...for the petitioners.

Mr. Avishek Sinha ...for the State.

Petitioners pray for anticipatory bail.

(AD) 18.05.2023 Court No.29 (Allowed) An incident of assault took place where the injured suffered a fracture injury on the left ribs.

The materials in the case diary do not suggest involvement of the petitioner no.5 in the incident of assault. 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 further condition that the petitioner nos.1 and 3 will report before the Investigating Officer once a month till the conclusion of the

investigation and petitioner nos.2,4 and 5 will cooperate with the investigation till the conclusion of the investigation 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) 2059 of 2023 is disposed of.

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