← Library
Calcutta High CourtCRM/5872/2021allowed

Ashok Khanra And ANR v. The State Of West Bengal

2021-09-16Hon'Ble Justice Debangsu Basak,Honble Justice Ananda Kumar Mukherjee2 pages

16.09.2021 Serial no. 31 Dd (Through Video Conference) CRM 5872 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 01.09.2021 in connection with Junput Costal Police Station Case No. 68 of 2021 dated 03.05.2021 under Sections 341/323/ 325/ 307/ 354/ 506/ 34 of the Indian Penal Code. -andIn the matter of : Ashok Khanra & Anr.

...Petitioners

Mr. Mukteswar Maity, advocate ... ... For the Petitioners Mr S. S. Imam, Ms. Sonali Bhar, advocates ... ...For the State Leave is granted to the learned advocate for the petitioners to correct the cause title.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the police complaint was filed out of a long standing dispute. He submits that the petitioners were not on the spot at the point of time of the occurrence of the incident.

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

Considering the facts and circumstances of the case and considering the injury reports, 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 anticipatory 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 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 meet the Investigation Officer once in a week until further orders and that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date.

Prayer for anticipatory bail is, thus, allowed. CRM 5872 of 2021 is disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)