Iliyas And ORS v. State Of West Bengal

30.09.2022.

43.

AD/KC (Partly Allowed).

C.R.M. (A) 4770 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chopra P. S. Case No.337 of 2021 dated 31.05.2021 under Sections 447/325/326/307/379/34 of the Indian Penal Code, 1860..

In the matter of : Iliyas & Ors.

... Petitioners.

Mr. Utpal Maitra Ms. Sampa Bhadra ...for the Petitioners.

Mr. Shiladitya Banerjee .....for the State.

We have considered the materials on record. Statement of witnesses show petitioner no.1, Iliyas, assaulted the victim resulting in amputation of right thumb. Hence, we are not inclined to grant anticipatory bail to the petitioner no.1. Keeping in mind the extent of complicity of the petitioner nos.2(Anuraja), 3 (Aliya) and 4( Arif) in the crime and as the incident arose out of a family dispute, we are inclined to grant anticipatory bail to them.

Accordingly, we direct that in the event of arrest the petitioner nos.2,3 and 4 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner nos.2, 3 and 4 shall

appear before the trial court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)