Masid Sk. v. State Of West Bengal

02.01.2024 Serial no. 46 Anticipatory bail [Allowed] Dd CRM (A) 4263 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 308 of 2023 dated 18.06.2023 under Sections 448/323/325/308/506/509/34 of the Indian Penal Code, 1860.

(G.R. Case No. 3861/2023) -AndIn the matter of : Masid Sk ... ... Petitioner Md. Wasim Akram,, Advocate ... ... For the Petitioner Mr. Partha Pratim Das, Ms. Manasi Roy , Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary. We find that injury suffered by the victim was not classified as grievous hurt. There is a statement recorded under Section 164 of the Criminal Procedure Code by the wife of the injured stating that there was an assault on the injured.

Apparently, there are pre-existing disputes between the private parties.

Police filed charge sheet.

In such circumstances, we confirm the interim order granted on October 16, 2023.

Consequently, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 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 in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 4263 of 2023 is disposed of.

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