Mofijul Hoque Alias Mafijul Haque And ORS v. State Of West Bengal

09-11-2021 (ct. no.29) SKB Allowed CRM 6573 of 2021 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 337 of 2021 dated 05.05.2021 under Sections 341/324/325/308/34 of the Indian Penal Code.

- A n d - In the matter of : Mofijul Hoque @ Md. Mafijul Haque and others .... Petitioners.

Mr. S. Sarkar, Mr. A. Sarkar, Mr. D. Ghosh, ... For the Petitioners.

Mr. Prasun Kumar Dutta, Mr. Goutam Wilson ... For the State.

Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioners submits that the incident occurred due to land dispute. There is a counter case filed by the petitioners. Petitioners also sustained injuries. Learned advocate appearing for the State draws attention of the Court to the injury reports and the statements recorded under Section 161 of the Cr.P.C. In answer to query of the Court, he submits that police filed the chargesheet before the jurisdictional court.

Considering the materials in the case diary and considering the fact that police filed chargesheet before the jurisdictional court, 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/- 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 shall meet the Investigating Officer once in a month until further orders and they shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. ( Debangsu Basak, J. ) ( Ananda Kumar Mukherjee, J. )