Jalal Sk @ Jalal Sekh And ORS v. State Of West Bengal
07.07.2023 Sl. No.54 as [ALLOWED] C. R. M. (A) 2780 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 13.06.2023 in connection with Islampur Police Station Case No. 227 of 2023 dated 10.06.2023 under Sections 341/325/326/307/34 of the Indian Penal Code.
And In Re: Jalal Sk. @ Jalal Sekh & Ors.
... ... Petitioners Mr. G. N. Imrohi.
... ... for the petitioners Mr. Madhusudan Sur, ld. A.P.P., Mr. Dipankar Paramanick.
... ... for the State It is submitted on behalf of the petitioners there was fight between two political groups. Petitioners have been falsely implicated due to political rivalry. They pray for anticipatory bail. Learned advocate appearing for the State opposes the prayer for anticipatory bail and submits a large number of persons were injured and medically treated.
We have considered the materials on record. Though a large number of persons were injured, most of the injuries are minor in nature. Allegations against the petitioners are generic and specific in nature and possibility of falsely implication cannot be ruled out. Under such circumstances, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail, subject to conditions. Accordingly, we direct that in the event of arrest, the accused/petitioners 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 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 petitioners, while on bail, shall meet the Investigating Officer once in a week until further orders. They shall appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)