Sanat Halder And ORS. v. State Of West Bengal

09.01.2024 Serial no. ML200 Anticipatory Bail [Allowed] Dd CRM (A) 4846 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.

of dated 13.07.2023 under Sections 325/326/354/34 of the Indian Penal Code, 1860.

(G.R. Case No. 4477 / 2023) -AndIn the matter of : Sanat Halder & Ors.

... ... Petitioners Mr. Arup Kr. Bhowmick, Advocate ... ... For the Petitioners Mr. Bidyut Kr. Roy, Ms. Sima Biswas, Advocates ... ...For the State Petition is taken up for consideration subsequent to order dated October 17, 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, the incident of assault took place due to a person eloping with the other. Number of persons suffered injuries. Two fractures are noticed but both relate to thumb and matacaple.

Considering the gravity of the offence and the involvement of the petitioners in the incident, we confirm the interim order granted on October 17, 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) 4846 of 2023 is disposed of.

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