Md Emamuddin Ali v. State Of West Bengal

21.12.2021.

90.

as (Allowed).

C.R.M. 8582 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahahar P. S. Case No.613 of 2021 dated 22.09.2021 under Sections 341/323/325/354/308/34 of the Indian Penal Code.

In the matter of : Md. Emamuddin Ali. ... Petitioner. Mr. Arup Kr. Bhowmik.

...for the Petitioner.

Mr. Tanmoy Kr. Ghosh, Ms. Sonali Bhar.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that there was a free fight between the parties over a land dispute. There is delay in lodging the first information report. Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and keeping in mind the nature of allegations including the nature of injury in the light of the aforesaid submissions made on behalf of the petitioner, we are of the opinion custodial interrogation of the petitioner is not necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- 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.

This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)