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Calcutta High CourtCRM (A)/2080/2023allowed

Ainul Sk @ Ainur Sk And ORS v. State Of West Bengal

2023-05-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.05.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 2080 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Jiaganj Police Station Case No. 20 of 2023 dated 24.01.2023 under Sections 341/ 323/ 325/ 307/ 34 of the Indian Penal Code. And In the matter of: Ainul Sk @ Ainur Sk. & ors. ...... petitioners Mr. Tapodip Gupta ....for the petitioners Md. Anwar Hossain, Mrs. Manisha Sharma ....for the State In an incident of assault, the injured suffered injuries on her frontal lobe.

There are cut injuries suffered by the injured. Whether, the injuries were inflicted as an attempt to murder or not is debatable.

Considering the gravity of the offence and 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 will be released on bail upon furnishing a bond of Rs.10,000/- 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

petitioner no.1, namely, Ainul Sk @ Ainur Sk and petitioner no.3, namely, Ukil Sk will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.2, namely, Enoka Bibi @ Renuka Bibi will cooperate with the Investigating Officer 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.

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