Nur Alam Mondal And ANR v. State Of West Bengal

04.01.2024 Serial no. 140 Anticipatory Bail [Allowed] Dd CRM (A) 4601 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Hili Police Station Case No. 155 of 2023 dated 30.08.2023 under Sections 447/323/326/307/379/506/34 of the Indian Penal Code, 1860.

(G.R. Case No. 1753/2023) -AndIn the matter of : Nur Alam Mondal & Anr. ... ... Petitioners Mr. Kaushik Chowdhury, Ms. Busra Khatoon , Advocates ... ... For the Petitioners Ms. Faria Hossain, Ms. Baisali Basu,, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 16, 2023.

By such order, interim anticipatory bail was granted by the co-ordinate Bench.

It is submitted at the Bar that the co-ordinate Bench did not consider the materials in the case diary and passed such order in view of the ensuing Puja vacation.

We perused the materials in the case diary.

Apparently, there was a free fight amongst the private parties. There is a counter police complaint also. The injury suffered in the present police case was not classified as grievous hurt.

In such circumstances, we confirm the interim order granted on October 16, 2023.

Consequently, we grant anticipatory bail to the petitioners.

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 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 shall report before the Investigating Officer once in a month till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 4601 of 2023 is disposed of.

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