Sonatan Mandal And ORS v. State Of West Bengal

C.R.M. (A) 6054 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Gazole Police Station Case No. 564 of 2022 dated 18.07.2022 under Sections 341/325/308/34 of the Indian Penal Code, corresponding to G.R. No.4413 of 2022.

And In the matter of: Sonatan Mandal & Ors.

....petitioners.

Mr. Tapan Kumar Ghosh Mr. Parvej Anam ...for the petitioners.

Mr. Anowar Hossain Ms. Ratna Ghosh ...for the State.

Petitioners pray for anticipatory bail.

02.01.2023 Sl.84 Court No.29 (AD) (Allowed) Learned Advocate appearing for the petitioners submits that the present police complaint is a counterblast to an earlier police complaint involving murder.

Learned Advocate appearing for the State draws the attention of the Court to the injury report.

There is an issue of delay in the lodgment of the first information report.

The injury report does not suggest that the victim suffered grievous hurt.

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) 6054 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)