Majibur Rahaman And ANR v. State Of West Bengal

13.12.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5773 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Itahar Police Station Case No. 257 of 2022 dated 24.04.2022 under Sections 341/323/325/307/34 of the Indian Penal Code, 1860.

And In Re : Majibur Rahaman & Anr.

...... petitioners Mr. Kaushik Chaudhury Ms. Busra Khatun ....for the petitioners Mr. Saibal Bapuli Mr. Arijit Ganguly Mr. Sanjib Kumar Daan ....for the State Co-accuseds were granted anticipatory bail on December 2, 2022 passed in CRM(A) 5609 of 2022 on the ground that the injury suffered appeared to be simple in nature. The petitioners before us are similarly situate as that of the other co-accuseds, who were granted anticipatory bail. In such circumstances, we extend the same facility 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/- 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 further condition that the petitioners shall meet the Investigating Officer once a month till the conclusion of the investigation 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)