Akkas Sk @ Akkat Sk v. State Of West Bengal

04.01.2024 Item No.117 Ct. No. 29 CHC Allowed C.R.M.(A) 4566 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 29/2023 dated 09.01.2023 under Sections 341/325/326/307/34 of the Indian Penal Code. And In the matter of : Akkas Sk. @ Akkat Sk.

...... petitioner Mr. Asraf Mandal ....for the petitioner Mr. Anwar Hossain, Ms. Ratna Ghosh ....for the State Petition is taken up for consideration subsequent to the order dated October 16, 2023.

By such order, coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the Case Diary and in view of the ensuing Puja Vacation.

We perused the materials in the Case Diary.

Police filed charge-sheet.

Apparently, the victim suffered a 10 c.m. incised wound on the head.

The injury report does not classify such injury 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 petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), 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 petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. CRM(A) 4566 of 2023 is disposed of.

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