Nizamuddin @ Md Nizamuddin And ORS v. State Of West Bengal

C.R.M. (A) 4390 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliyaganj Police Station Case No. 315 of 2022 dated 04.07.2022 under Sections 448/324/307/354(A)/506/34 of the Indian Penal Code (corresponding to G.R. No.1787/2022).

And In the matter of: Nizamuddin @ Md. Nizamuddin & Ors. ....petitioners.

Mr. Somnath Banerjee Mr. Pronojit Roy ...for the petitioners.

Mr. Debabrata Chatterjee, Ld. APP Ms. Debjani Dasgupta ...for the State.

14.09.2022 Sl.19 Court No.29 (AD) (Allowed) Petitioners pray for anticipatory bail.

The injury report of the victim does not suggest that the victim suffered grievous hurt.

Apparently, there are civil disputes between the private parties.

Apparently, the incident arose out of disputes relating to construction of a boundary wall.

In such circumstances, 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/- (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 on condition that

the petitioners will report before the Investigating Officer once a month 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4390 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)