Tofik Sekh And ORS v. State Of West Bengal

28.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4606 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 485 of 2022 dated 28.07.2022 under Sections 341/325/308/354B/506/34 of the Indian Penal Code, 1860.

And In Re : Tofik Sekh & Ors.

...... petitioners Mr. A. A. Alamgir Ms. Rabia Khatoon ....for the petitioners Mr. Sudip Kumar ....for the State The police filed charge-sheet.

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

Learned advocate appearing for the State opposes the prayer for anticipatory bail so far as the third petitioner is concerned on the ground that such petitioner is named in the statement of the eye witness.

Considering the gravity of the offence and the involvement of the petitioners therein and considering the fact that the police filed charge-sheet, 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/- 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)