Enamul Haque And ANR. v. State Of West Bengal

C.R.M. (A) 5296 of 2023 31.01.2024 ML.576 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Goalpokher Police Station Case No.555 of 2023 dated 30.09.2023 under Sections 448/323/321/326/307/506/34 of the Indian Penal Code, 1860 read with Sections 25(i)(a)/27 of Arms Act. (G.R. Case No.2832 of 2023).

And In the matter of: Enamul Haque & Anr.

....petitioners.

Mr. M.Nazar Chowdhury Mr. Priyanka Saha ...for the petitioners.

Ms. Rituparna De Ghose ... for the State.

An incident of assault took place during the Panchayat Election.

Injured persons did not suffer any grievous hurt. No arms were seized at this stage.

In such circumstances, we 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 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 a fortnight 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.

Accordingly, the prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 5296 of 2023 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)