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Calcutta High CourtCRM (A)/3981/2022allowed

Manoshi Hazra And ANR v. State Of West Bengal

2022-08-22Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

22.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3981 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Banshihari Police Station Case No. 167 of 2022 dated 15.07.2022 under Sections 448/326/307/354/34 of the Indian Penal Code, 1860.

And In Re : Manoshi Hazra & Anr.

...... petitioners Mr. Mazahar Hossain Chowdhury Ms. M. Alam ....for the petitioners Mr. Ranabir Roychowdhury Mr. Mainak Gupta ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the incident arose due to property dispute. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that, three persons were injured. Investigations are yet to be concluded.

Considering the gravity of the offence and the involvement of the petitioners therein and the nature of injury suffered by the victims, 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 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 petitioners shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners 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 petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)