Fajlullah Khan And ORS. v. State Of West Bengal

C.R.M. (A) 4540 of 2023 04.01.2024 Sl.101 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Maheshtala Police Station Case No.497 of 2023 dated 18.09.2023 under Sections 447/325/307/506/34/379 of the Indian Penal Code, 1860, corresponding to GR Case No.6252 of 2023). And In the matter of: Fajlullah Khan & Ors.

....petitioners.

Mr. Tapash Kumar Mondal ... for the petitioners.

Mr. Tanmoy Kr. Ghosh Ms. Pritha Paul ...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.

Police complaint was registered subsequent to an order passed under Section 156(3) of the Code of Criminal Procedure. The injuries suffered apparently do not show that they are of 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) 4540 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)