Ashok Yadav And ORS v. State Of West Bengal

02.01.2024 Serial no. 60 Anticipatory Bail [Allowed] Dd CRM (A) 4284 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Asansol North Police Station Case No. 213 of 2023 dated 02.06.2023 under Sections 341/323/325/326/307/506/34 of the Indian Penal Code, 1860.

(G.R. Case No. 1510/2023) -AndIn the matter of : Ashok Yadav & Ors.

... ... Petitioners Md. Aammar Zaki, Md. Zeeshan Uddin, Mr. Amrin Khatoon,, Advocates ... ... For the Petitioners Mr. Joydeep Roy, JGA Mr. Amanul Islam, 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 also perused the injury report of the injured and his statement recorded under Section 161 of the Criminal Procedure Code. The injured stated that, he was assaulted by wooden stick due to dispute arising out of a buffalo entering into a certain premises.

Police filed charge sheet.

Considering the gravity of the offence, injured suffered by the victim, the materials in the case diary and the fact that police filed charge sheet, we confirm the interim order granted on October 16, 2023.

Consequently, 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/- (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 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4284 of 2023 is disposed of.

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