Somnath Nath And ANR v. State Of West Bengal

15.12.2022 Serial no.18 Aloke CRM (A) 5834 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bashirhat Police Station Case No. 533 of 2022 dated 22.08.2022 under Sections 341/323/325/307/354D/506/34 of the Indian Penal Code.

-AndIn the matter of : Somnath Nath & Anr.

... ... Petitioners Mr. Susnigdho Bhattacharyya, Advocate ... ... For the Petitioners Mr. Anowar Hossain, Advocate Ms. Ratna Ghosh, Advocate ... ...For the State Petitioners seek anticipatory bail.

Apparently, there was a fight between the private parties where two persons were injured.

The injury reports do not suggest that the injured suffered grievous hurt. Three other co-accused were enlarged on anticipatory bail by the jurisdictional Court. In such circumstances, 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 fortnight 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) 5834 of 2022 is disposed of.

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