Saifulla Khan And Aors v. State Of West Bengal

04.11.2022 Serial no. 04 [Dd] (Anticipatory Bail) Petn. 1- Dismissed Petn. 2-5 Allowed CRM (A) 4850 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Shyampur Police Station Case No. 424 dated September 21, 2022 under Sections 447/323/325/354B/379/427/506/34 of the Indian Penal Code.

-AndIn the matter of : Saifulla Khan & Ors.

... ... Petitioners Mr. Debabrata Karan, Mr. Debopriyo Karan Advocate ... ... For the Petitioners Mr. Sudip Ghosh, Mr. Bitasok Banerjee, Advocates ... ...For the State Learned advocate for the petitioners submits that the first petitioner was arrested and was enlarged on bail by the jurisdictional Court.

In such circumstances, CRM (A) 4850 of 2022 is dismissed so far as the first petitioner (Saifulla Khan) is concerned.

The incident apparently arose due to property disputes. The injury report of the victim does not suggest that the injured suffered any external injury.

In such circumstances, we are inclined to grant anticipatory bail to the other petitioners, i.e. petitioner no. 2 (Abdulla Khan) petitioner no. 3 ( Rafik Khan), petitioner no. 4 (Asiya Begum) and petitioner no. 5 ( Anisa Khatun). Accordingly, we direct that in the event of arrest the petitioner nos. 2, 3, 4 and 5 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 further condition that the petitioner nos. 2 and 3 shall report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 4 and 5 shall cooperate with the investigation till its completion and on further condition that the petitioner nos. 2, 3, 4 and 5 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 petitioner nos. 2, 3, 4 and 5 in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner nos. 2, 3, 4 and 5 is allowed.

CRM (A) 4850 of 2022 is disposed of.

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