Calcutta High CourtCRM (A)/3861/2022allowed

Enai Mondal @ Anrul Islam Sk v. State Of West Bengal

2022-08-11Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

11.08.2022 Serial no. 31 [Dd] (Anticipatory bail) Allowed) CRM (A) 3861 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. 572 of 2022 dated 13.07.2022 under Sections 447/188/448/325/326/354(B)/379/307/34 of the Indian Penal Code.

-AndIn the matter of : Enai Mondal @ Anarul Islam Sk. ... ... Petitioner Mr. Asraf Mandal, Advocate ... ... For the Petitioner Mr. Tanmay Kr. Ghosh, ld. SGA Ms. Sonali Bhar, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that a free fight took place due to property dispute. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary including the statements recorded under Section 161 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, 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) 3861 of 2022 is disposed of.

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