Makbul Hossain v. State Of West Bengal

11.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3273 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 371 of 2022 dated 13.05.2022 under Sections 341/323/324/308/427/379/34 of the Indian Penal Code, 1860.

And In Re : Makbul Hossain ...... petitioner Mr. Koustav Bagchi Ms. Shabnam Laskar ....for the petitioner Mr. Avishek Sinha ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the incident arose out of disputes between the labour contractors.

Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim and the other materials in the case diary.

Considering the gravity of the offence, the nature of injury suffered by the victim and the involvement of the petitioner in the incident, we grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-, 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 petitioner shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioner 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 petitioner 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.) (Bibhas Ranjan De, J.)