Sk Saokat Ali And ORS v. State Of West Bengal

12.12.2022 Serial no.13 Aloke CRM (A) 5695 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Ghatal Police Station Case No. 318 of 2022 dated 09.09.2022 under Sections 447/323/325/307/506/34 of the Indian Penal Code. -AndIn the matter of : Sk Saokat Ali & Ors. ... ... Petitioners Mr. Prabir Majumder, Advocate Mr. S. Majumder, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, ld. APP Mr.Soumik Ganguli, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioner submits that there was a free fight between the private parties. Learned Advocate appearing for the State draws the attention of the Court to the injury report of the victim as well as the statement recorded under Section 161 of the Code of Criminal Procedure. He submits that the victim was hospitalized for seven days.

Apparently, the injury of the victim was not classified as grievous hurt.

Considering the gravity of the offence and the involvement of the petitioner 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 petitioners will report before the Investigating Officer once in a week 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) 5695 of 2022 is disposed of.

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