Musab Ali Dafadar v. State Of West Bengal

11.07.2022 Serial no. 38 [Dd] (Anticipatory bail) Allowed) CRM (A) 3294 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. 533 of 2022 dated 29.06.2022 under Sections 448/325/326/307 of the Indian Penal Code. -AndIn the matter of : Musab Ali Dafadar ... ... Petitioner Mr. Kaustav Bagchi, Mr. Amanul Islam, Mr. Sourav Mukherjee, Ms. Priti Kar, Advocates ... ... For the Petitioner Md. Anwar Hossain, Mr. Benajir Hasna, Mr. Arif Ekbal Molla, Advocates ... ...For the State Mr. Manas Kr. Das, Ms. Shabana Hasin, Advocates . ....For the de facto complainant Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the incident arose out of disputes between two adjacent shop owners.

State and the de facto complainant are represented. Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim. The injury report of the victim suggests that the victim suffered simple injury.

Considering the gravity of the offence and the involvement of the petitioner therein, we are inclined to 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/- (Rupees Ten Thousand Only), 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 report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3294 of 2022 is disposed of.

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