Sk Ashan Ali @Sk Hasan Ali And ORS v. State Of West Bengal

20.09.2021 tkm/ct 29 C.R.M. 6064 of 2021 sl no. 49 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Ratua P.S Case no. 282 of 2021 dated 12.6.2021 under sections 147/148/149/436/506 of the IPC And Allowed In Re : Sk. Ashan Ali @ Sk Hasan Ali & Ors.

...... petitioners Ms. M Gomes ...... for the petitioners Mr. Prasun Kr. Dutta Mr. Subrato Roy ...... for the State Petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that since petitioner no. 2 was arrested, the application may be treated as not pressed on his behalf.

She submits that there is a long-standing dispute between the petitioners and the family of the de facto complainant. Petitioners were falsely implicated in the instant case. Learned advocate for the State draws the attention of this Court to the statement recorded under section 161 Cr.P.C. Considering the statement recorded under section 161 Cr.P.C and considering the fact that there are disputes with regard to immovable property between the parties, we are inclined to grant anticipatory bail to the petitioner nos. 1 and 3 to 10. Accordingly, we direct that in the event of arrest, the petitioner nos. 1 and 3 to 10 namely Sk. Ashan Ali @ Sk. Hasan Ali, Sk. Ashrul @ Sk Sumayan, Sk Saddam, Sk Raju @ Majharul @ Sk Majharul Islam, Sk. Hasimuddin, Bibi Angkhp @ Bibi Anekha, Sk. Sintu, Sk. Kursed and Sahika Bibi @ Minyatun Saika shall 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 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 to 10 while on bail, shall meet the investigating officer once in a week until further orders. Petitioner nos. 1 and 3 to 10 shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

The application being CRM 6064 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)