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Calcutta High CourtCRM (A)/5055/2023allowed

Taraknath Badyakar And ORS. v. State Of West Bengal

2023-11-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

29.11.2023 tkm/ct 28 C.R.M. (A) 5055 of 2023 spl no. 70 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Pandabeswar P.S case no. of dated 25.9.2023 under sections 341/323/325/354/307/506/34 IPC and sections 25/27 of the Arms Act And Allowed In Re : Taraknath Badyakar &Ors. ...... petitioners Mr. M Chatterjee Mr. M Das Mr. D Majumder ...... for the petitioners Mr. Pravas Bhattacharya Ms. MFA Begg ...... for the State 1.

Heard learned lawyers for the parties.

2.

We have considered the materials on record. Injury is simple. Whether allegation of attempt to murder is tenable requires to be assessed in the light of the nature of injury and other attending circumstances during trial. Investigation is complete.

3.

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

4.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- 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.

5.

Petitioners shall appear before the court below and pray for regular bail within four weeks from date.

6.

The application being CRM (A) 5055 of 2023 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)