Amiruddin And ORS v. State Of West Bengal

VB 163.

17.10.2022 Ct.28 Tanmoy/TN Allowed C.R.M. (A) 4955 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Chanchal Police Station FIR No. 1158 of 2022 dated 25/09/2022 under Sections 308/323/326/34/341 of the Indian Penal Code, 1860.

And In the matter of: - Amiruddin & Ors.

...petitioners.

Mr. Md. Aslam Khan ...for the petitioners.

Mr. Joydeep Roy, Jr. Govt. Adv., Mr. Asif Dewan ...for the State.

We have considered the medical report which does not indicate any grievous injury. The statement under Section 161 of The Code of Criminal Procedure given by the victim/complainant has questionable evidentiary value. Hence, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, in the event the petitioners are arrested, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties each of like amount, one of whom must be local, to the satisfaction of the arresting officer. The petitioners shall be subjected to the conditions of Section 438(2) of the Code of Criminal Procedure and shall make themselves available for investigation as and when required.

In the event the petitioners fail to comply with the above conditions, the Court below shall be at liberty of cancelling this order without further reference to this Court. The application being C.R.M. (A) 4955 of 2022 stands allowed and disposed of in terms of the above. (Saugata Bhattacharyya, J.) (Moushumi Bhattacharya, J.)