Chottu Sekh And ORS v. State Of West Bengal

C.R.M. (A) 4437 of 2023 03.01.2024 Sl.102 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pandeveswar Police Station Case No.75 of 2023 dated 26.06.2023 under Sections 447/323/325/379/427/435/436/34 of the Indian Penal Code, 1860, corresponding to G.R. No.931 of 2023. And In the matter of: Chottu Sekh & Ors.

....petitioners.

Mr. Kundal Ganguly ... for the petitioners.

Mr. Debasish Roy, Ld. PP Mr. Navanil De ...for the State.

The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 passed by the Coordinate Bench.

By such order, the interim anticipatory bail was granted to the petitioners.

It is submitted at the bar that such order was passed without considering the materials in the case diary and in view of the ensuing puja vacation.

We considered the materials in the case diary. Apparently, the police complaint is a result of a previous road accident incident. No person suffered injury in the incident. In view of the materials available 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

subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once a month till the conclusion of the 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. Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 4437 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)