Nurhaque Dafadar And ORS v. State Of West Bengal

29.06.2022 Serial no. 39 [Dd] (Anticipatory Bail) (Allowed) CRM (A) 3029 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 500 of 2022 dated 19.06.2022 under Sections 448/354/379/326/307/34 of the Indian Penal Code.

-AndIn the matter of : Nurhaque Dafadar & Ors. ... ... Petitioners Mr. Asraf Mandal, Advocate ... ... For the Petitioners Mr. Anowar Hossain, Ms. Ratna Ghosh, Advocates ... ...For the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that the present police complaint is a counter-blast to a previous police complaint.

Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 161 of the Code of Criminal Procedure as well as to the injury report.

Considering the nature of injury suffered by the victim and considering the statements recorded under Section 161 of the Code of Criminal Procedure and the materials in the case diary, 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 fortnight till the conclusion of the investigation and on further condition that the petitioners shall appear every day 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) 3029 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)