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Calcutta High CourtCRM (A)/4514/2023allowed

San Aktar Jahan @ Kalu @ Sanaktar Jahan And ORS v. State Of West Bengal

2024-01-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

04.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4514 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. 251 of 2023 dated 13.07.2023 under Sections 341/325/326/307/34 of the Indian Penal Code.

And In Re : San Aktar Jahan @ Kalu @ Sanaktar Jahan & Ors. ...... petitioners Mr. Tapodip Gupta ....for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ....for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioner was enlarged on an interim anticipatory bail.

It is submitted at the bar that, the interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary.

Apparently, an incident of assault took place between the rival political parties. A number of persons suffered injuries. None of the injuries are classified as grievous. In such circumstances, 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/- 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 meet 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)