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Calcutta High CourtCRM (A)/3323/2023allowed

Mostak Ansari @ Ansari Mostak And ORS v. State Of West Bengal

2023-08-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

17.08.2023 S/L 26 Ct.No.28 SKB (Allowed) CRM (A) 3323 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Samsherganj P. S. Case No.215 of 2023 dated 06.07.2023 under Sections 341/325/307/34 of the Indian Penal Code And In the matter of : Mostak Ansari @ Ansari Mostak and others .... Petitioners Mr. Tapash K. Bhattacharya, Mr. Aviroop Bhattacharya ... for the Petitioners Mr. Partha Pratim Das, Mrs. Manasi Roy ... for the State 1.

Petitioners submit they have been falsely implicated, as allegation of attempt to murder is out and out false. Petitioners pray for anticipatory bail.

2.

Learned counsel for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including the injury report. No external injury is noted on the victim. Keeping in mind the aforesaid fact, we are inclined to grant anticipatory bail to the petitioners.

4.

Accordingly, we direct that in the event of arrest, the petitioners be released on bail 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 shall appear before the court below and pray for regular bail within four weeks from date. 5.

The application for anticipatory bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)