Khalek Sardar And ORS. v. State Of West Bengal

C.R.M. (A) 4539 of 2023 04.01.2024 Sl.100 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case No.136 of 2023 dated 08.07.2023 under Sections 147/148/149/323/325/326/307/120(B)/34 of the Indian Penal Code, and 3/4 of E.S.

Act (SL.

No.1369/2023).

And In the matter of: Khalek Sardar & Ors.

....petitioners.

Mr. Asraf Mandal ... for the petitioners.

Ms. Sayanti Santra ...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, an 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 perused the materials in the case diary.

Apparently, a free fight ensued between the members of two political parties where several persons received injuries. In the present police case, the injuries are lacerated cut injuries and others.

None of the injuries were classified as grievous hurt. 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/- (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) 4539 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)