Sadikul Sk. And ORS v. The State Of West Bengal

06.11.2024 SG [ALLOWED] C. R. M. (A) 3784 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Raghunathganj Police Station Case No. 1064 of 2024 dated 30.08.2024 under Sections 126(2)/117(2)/118(2)/61(2)/109 of Bharatiya Nyaya Sanhita, 2023.

And In Re: Sadikul Sk and Ors.

... ... Petitioners Mr. Sandip Chakrabarty, Mr. Kaustav Das.

... ... for the petitioners Mr. Anwar Hossain, Ms. Puspita Saha.

... ... for the State 1.

Petitioners submit there was a free fight between two groups and they have been falsely implicated. They pray for anticipatory bail.

2.

Learned lawyer for the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including the injury report. Though victim was hospitalized for two days, injuries are noted as simple.

4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct that in the event of arrest, the petitioners viz., Sadikul Sk, Nurul Hoda, Sukchand Sk @ Kalu, Md. Habibur Rahaman, Saddam Hossain @ Saddam Sk and Rahul Hossain be released on bail upon furnishing a bond of Signed By :

SOURAV GHOSH High Court of Calcutta 7 th of November 2024 10:25:13 PM

Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. They shall appear before the court below and pray for regular bail within four weeks from date.

6.

The application for anticipatory bail is, thus, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SOURAV GHOSH High Court of Calcutta 7 th of November 2024 10:25:13 PM