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Calcutta High CourtCRM (A)/5908/2022allowed

Md Dulal @ Dulal And ORS v. State Of West Bengal

2022-12-20Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 5908 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No.

of dated 25.08.2022 (Corresponding to G.R.

No.-2328/2022) under Sections 447/341/323/325/307/34 of the Indian Penal Code. And In the matter of: Md. Dulal @ Dulal & Ors.

....petitioners.

Mr. Kallol Mondal ...for the petitioner.

Mr. Navanil De ...for the State.

Petitioners pray for anticipatory bail.

20.12.2022 Sl.35 Court No.29 (AD) (Allowed) The injury report states that, the injured was assaulted by a blunt and heavy weapon. The injured suffered fracture on the arm. The injury reports states that the petitioners were involved in the assault.

However, the injury appears to be classified under Section 325 of the Indian Penal Code, 1860 which is bailable. 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

week 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) 5908 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)