Calcutta High CourtCRM (A)/3161/2024allowed

Jasim Ali Khan @ Josim Ali Khan And ANR v. The State Of West Bengal

2024-09-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Shampa Dutt (Paul)2 pages

09.09.2024 SL No.31 Court No.29 (gc) (Allowed) CRM (A) 3161 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Mahisadal Police Station Case No.271 of 2024 dated 13.06.2024 under Sections 143/307/323/326/341/379/ 427/448/506 of the Indian Penal Code.

And In the matter of : Jasim Ali Khan @ Josim Ali Khan & Anr. - Petitioners.

Mr. Swapan Kumar Mallick, Ms. Sudeshna Das ....For the Petitioners.

Mr. Debasish Roy, Ld. P.P., Mr. Arijit Ganguly, Mr. Koushik Kundu ... For the State.

1. Heard the learned Counsel for the parties.

2. Considering the fact that there has been a case and countercase between the parties and the petitioners are related by marriage and also having regard to the nature of injury, reveals from the injury report which does not show that grievous injury to any of the victim or her family, we are of the view that custodial interrogation of the petitioners is not necessary.

3. Accordingly, we direct that in the event of arrest, the petitioners, namely, Jasim Ali Khan @ Josim Ali Khan and Kasem Ali Khan, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered 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 Cr.P.C., 1973 corresponding to Section 482(2) of the BNSS, Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 10 th of September 2024 02:50:33 PM

2023 and on further condition that the petitioners shall meet the I.O. once in a week till the submission of the final report.

4. It is further directed that the petitioners shall appear before the learned Additional Chief Judicial Magistrate at Haldia in connection with G.R. Case No.1406 of 2024 within two weeks from date.

5. Accordingly, the application for anticipatory bail is disposed of.

6. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Shampa Dutt (Paul), J.) Signed By :

GURUPADA CHAKRABARTY High Court of Calcutta 10 th of September 2024 02:50:33 PM