Hasib And ORS v. The State Of West Bengal

CRM (A) 3127 of 2022 04.07.2022 Sl. 24 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Islampur P.S. Case No. 271 of 2022 dated 14/04/2022 under Sections 143/341/323/307/427 of the Indian Penal Code read with Sections 25/27/35 of Arms Act and Sections 3 & 4 of Explosive Substance Act.

And In the matter of: Hesib & Ors.

....petitioners.

Mr. Chandra Sekhar Bag Mr. Abhijit Boral ...for the petitioners.

Mr. Swapan Banerjee Ms. Purnima Ghosh ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were falsely implicated. The incident is a rivalry between the two political groups.

Learned Advocate appearing for the State draws the attention of the Court to the materials in the case diary including the injury report.

Considering the nature of injury suffered by the victim and considering the materials in the case diary, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that

the petitioners will report before the Investigating Officer once in a week till the conclusion of the investigation and on condition that the petitioners shall appear 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

CRM (A) 3127 of 2022 is, thus disposed of.

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