Milan Sardar v. State Of West Bengal

08.01.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 4642 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara Police Station Case No. 734 of 2023 dated 05.09.2023 under Sections 323/325/326/307/34 of the Indian penal Code.

And In Re : Milan Sardar ...... petitioner Mr. Snehansu Majumder ....for the petitioner Mr. Anwar Hossain Mr. Arif Ekbal Molla ...for the State 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 petitioner was 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.

One person suffered injury in an incident of physical assault.

The injuries suffered were not classified as grievous hurt. The injured apparently suffered multiple abrasion on scalp and lacerated cut injury on the left prima.

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/-, 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 petitioner shall meet before the Investigating Officer once a month till the conclusion of the investigation and on condition that the 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)