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Calcutta High CourtCRM (A)/4540/2022allowed

Barshde Sk v. State Of West Bengal

2022-09-23Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi1 pages

23.09.2022 Serial no.14 Aloke CRM (A) 4540 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 623 of 2022 dated 14.08.2022 under Sections 323/326/34 of the Indian Penal Code.

-AndIn the matter of : Barshed Sk & Anr.

... ... Petitioners Mr. Amanul Islam, Advocate Mr. Sourav Mukherjee, Advocate Ms. Sabera Khatun, Advocate ... ... For the Petitioners Mr. Sudip Kumar, Advocate ... ...For the State Petitioners seek anticipatory bail.

The nature of injury suffered by the victim does not suggest that the victim suffered grievous hurt. There is a counter police complaint also.

In such circumstances, we are inclined to 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further 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.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4540 of 2022 is disposed of.

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