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Calcutta High CourtCRM (A)/5632/2022allowed

Arjun Halder And ANR v. State Of West Bengal

2022-12-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

08.12.2022 Serial no.15 Court 29 AB CRM (A) 5632 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bamongola Police Station Case No. 216 of 2021 dated 29.11.2021 under Sections 448 325/308/34 of the Indian Penal Code -AndIn the matter of : Arjun Halder & Anr.

... ... Petitioners Mr. Kalidas Saha ... ... For the Petitioners Mr. Avishek Sinha ... ...For the State Petitioners seek anticipatory bail.

Petitioners are involved in assaulting an elderly grandfather.

The police filed charge sheet.

Two other persons similarly circumstanced were enlarged on bail by the Jurisdictional Court.

In view of the complicity of the petitioners in the incident, it would be appropriate to enlarge the petitioners on anticipatory bail on condition that they remain outside the jurisdiction of Bamongola Police Station till the conclusion of the trial. 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 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) 5632 of 2022 is disposed of.

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