Brindaban Mondal And ORS v. State Of West Bengal

C.R.M. (A) 4548 of 2023 04.01.2024 Sl.105 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bharatpur Police Station Case No. 161 of 2023 dated 10.05.2023 under Sections 448/323/325/354/307/34 of the Indian Penal Code, 1860 (corresponding to G.R. No.824 of 2023).

And In the matter of: Brindaban Mondal & Ors.

....petitioners.

Mr. Manas Kumar Das Mr. Aritra Kumar Thikadar ...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 such order, the petitioners were enlarged on interim anticipatory bail by the Coordinate Bench.

It is submitted at the bar that such prayer for interim anticipatory bail was granted without considering the materials in the case diary and just prior to the ensuing puja vacation. We perused the materials in the case diary.

We find that the police filed charge sheet.

Injured apparently received a cut injury over scalp. However, such injury was not 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 also

subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 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. The prayer for anticipatory bail of the petitioners is allowed. C.R.M. (A) 4548 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)