Calcutta High CourtCRM/7830/2021allowed

Sk Nazrul Islam And ANR v. State Of West Bengal

2021-12-01Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

01.12.2021 Serial no.24 Aloke (Through Video Conference) Ct. No. 29 CRM 7830 of 2021 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23.11.2021 in connection with Uluberia Police Station Case No. 318 of 2021 dated 23.09.2021 under Sections 448/323/325/427/354/34 of the Indian Penal Code read with Section 8 of the POCSO Act.

-AndIn the matter of : Sk. Nazrul Islam & Anr. ... ...Petitioners Mr. Soumya Banerjee, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr. Soumik Ganguli, Advocate ... ... For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the complaint is result of a dispute relating to immovable property amongst the private parties. The petitioners were falsely implicated.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 164 of the Code of Criminal Procedure and to the injury report.

Considering the nature of injuries, the statement recorded under Section 164 of the Code of Criminal Procedure, the complicity of the petitioners in the incident and considering the fact that police submitted charge-sheet, we are inclined to 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/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and with a further condition that the petitioners shall appear before the Court below and pray for regular bail within four weeks from date and on further condition that the petitioners

shall appear before the jurisdictional Court on every date fixed for hearing.

The prayer for anticipatory bail is allowed.

CRM 7830 of 2021 is disposed of.

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