Jullu Sk. And ORS. v. State Of West Bengal

02.01.2024 Item No.84 Ct. No. 29 CHC Allowed C.R.M.(A) 4332 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ranitala Police Station Case No. 246/2023 dated 13.07.2023 under Sections 341/325/326/307/34 of the Indian Penal Code, 1860.

And In the matter of : Jullu Sk & ors.

...... petitioners Mr. Ali Ahsan Alamgir, Ms. Soma Mal, Ms. Rabia Khatoon, Mr. J., Modak ....for the petitioners Mr. S. S. Imam, Jr. Govt. Advocate Mr. R. Jana ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023 passed by the co-ordinate Bench. By the order, the coordinate Bench granted interim anticipatory bail to the petitioners.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary. We find that one person was injured. Injury was classified as grievous hurt. We find from the injury report that, the injured suffered cut injury on his hand and that, there was an old fracture.

The injured recorded his statement under Section 161 of the Criminal Procedure Code where he stated that, he was assaulted by wooden sticks. Petitioner no.2 is not named as assailant by the injured.

Considering the gravity of the offence and involvement of the petitioners as transpiring from the materials in the Case Diary, we confirm the interim order dated October 16, 2023. 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 will report before the Investigating Officer once in a month till the conclusion of investigation and on 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 4332 of 2023 is disposed of.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)