Saber Mollah Alias Saber Ali Mollah And ORS v. State Of West Bengal

01.12.2022 Serial no.35 Aloke CRM (A) 5599 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Paikor Police Station Case No. 221 of 2022 dated 14.10.2022 under Sections 341/323/325/326/307/448/379/427/506/34 of the Indian Penal Code.

-AndIn the matter of : Saber Mollah @ Saber Ali Mollah & Ors. ... ... Petitioners Mr. Bitasok Banerjee, Advocate ... ... For the Petitioners Mr. S.S. Imam, Advocate Mr. S. Kundu, Advocate ... ...For the State Petitioners seek anticipatory bail.

Apparently, the injured did not suffer grievous hurt. Considering the materials in the case diary and the gravity of the offence and the involvement of the petitioners therein, we are inclined to 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 condition that the petitioner nos. 1, 2, 3 and 4 will report before the Investigating Officer once in a month till the conclusion of the investigation and petitioner nos.

5 and 6 will cooperate with 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) 5599 of 2022 is disposed of.

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