Bijay Das And ORS v. State Of West Bengal

08.09.2022 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 4336 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 731 of 2022 dated 21.07.2022 under Sections 341/324/307/354A/34 of the Indian Penal Code, 1860.

And In Re : Bijay Das & Ors.

...... petitioners Ms. Sananda Bhattacharya ....for the petitioners Mr. S. S. Imam Mr. Arabinda Manna ....for the State CRM(A) 4336 of 2022 is dismissed as infructuous so far as the petitioner no. 1 (Bijay Das) is concerned in view of his arrest.

The injury report of the victim suggest that the victim suffered simple injuries.

In such circumstances, we grant anticipatory bail to the petitioner nos. 2 (Sharbani Das @ Shrabani Das), 3 (Sandhya Das), 4 (Banani Das) and 5 (Rabi Roy @ Rabi Das). Accordingly, we direct that in the event of arrest the petitioner nos. 2 to 5 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 petitioner nos. 2 to 4 shall cooperate the Investigating Officer till the conclusion of the investigation and petitioner no. 5 shall meet the Investigating Officer once a month till the conclusion of the investigation and on condition that the petitioner nos. 2 to 5 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 nos. 2 to 5 in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, partly allowed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)