Anishur Rahaman @ Aneshur Rahaman And ORS. v. State Of West Bengal
15.09.2023 as/tkm/ct 28 C.R.M. (A) 3953 of 2023 spl no. 3 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P.S case no.
of dated 15.7.2023 under sections 447/427/325/326/307/379/34 IPC And Allowed In Re : Anisur Rahaman @ Aneshur Rahaman & Ors. ...... petitioners Mr. Soupal Chatterjee Mr. A Mondal Ms. Sucheta Banerjee ...... for the petitioners Mr. S Bapuli Mr. M Mahata ...... for the State 1.
Petitioners submit that there was a civil dispute between the parties. Civil suit is pending. Allegation of physical assault is false. He prays for anticipatory bail.
2.
Learned lawyer for the State produces the case diary. 3.
We have considered the materials on record. We have also examined the injury report. Apart from a simple fracture on the little finger, other injuries are simple.
4.
Keeping in mind the aforesaid facts, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.
5.
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.
6.
Petitioners shall appear before the court below and pray for regular bail within four weeks from date.
7.
The application being CRM (A) 3953 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)