Sayan Khan And Otthers v. State Of West Bengal

28.10.2021.

Item No. 163 Court no. 8 pk/Sc C.R.M. 6845 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 25.10.2021 in connection with Kanksa Police Station Case No. 193 of 2021 dated 01.07.2021 under Sections 188/447/323 /325/326/506/34 of the Indian Penal Code read with Section 51 of the Disaster Management Act, 2005. And In the matter of : Sayan Khan and others ...petitioners Mr. Kunal Ganguly ...For the petitioners Mr. Goutam Wilson ..For the State Considering the fact that the dispute relates to treatment of a patient of the concerned hospital and counter charges alleged by two groups of parties against one another and upon considering the materials in the case diary, we are of the view that the petitioners are entitled to anticipatory bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.20,000/- (Rupees twenty thousand only) each with two sureties of like amount each, one of whom shall be local, to the satisfaction of the arresting Officer.

The petitioners shall be subjected to conditions prescribed under Section 438(2) of the Code of Criminal

Procedure and shall cooperate with the investigation as and when required by the arresting Officer.

The petitioners shall also not leave the jurisdictional police station without leave of the concerned police Officer.

C. R. M. 6845 of 2021 is, accordingly, allowed and disposed of in terms of the above.

Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Moushumi Bhattacharya, J.) (Aniruddha Roy, J.)