Raj Kumar Das And ORS v. State Of West Bengal

08.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4640 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khargram Police Station Case No. 493 of 2022 dated 26.12.2022 under Sections 447/325/308/34 of the Indian penal Code.

And In Re : Rajkumar Das & Ors.

...... petitioners Mr. Kallol Kumar basu Md. Jannat Ul Firdous ....for the petitioners Mr. Shiladitya Banerjee ...for the State Ms. Minoti Gomes Mr. Jeesan Iqbal Hossain ..for the defacto-complainant The application for anticipatory bail is taken up for consideration subsequent to the order dated October 16, 2023 by the Coordinate Bench.

By such order dated October 16, 2023, the petitioners were enlarged on an interim anticipatory bail. It is submitted at the bar that, the order granting interim anticipatory bail was passed just prior to the ensuing puja vacation without considering the materials in the case diary. We perused the materials in the case diary.

Police filed charge sheet.

Apparently, the injured suffered simple 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/- 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)