Kanailal Sahoo And ANR. v. State Of West Bengal

06.02.2024 Item No.73 Ct. No. 29 CHC Allowed C.R.M.(A) 5510 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwanpur Police Station Case No. 433 of 2023 dated 27.10.2023 under Sections 341/323/325/307/354/506/34 of the Indian Penal Code, 1860.

And In the matter of : Kanailal Sahoo & anr.

...... petitioners Mr. Jayanta Banerjee, Ms. Ruximini Basu Roy, Mr. Sandip Bandyopadhyay, Mr. Arghya Bhattacharjee ....for the petitioners Mrs. Rituparna De Ghose ....for the State Mr. Ayan Basu, Mr. Sourav Bera, Mr. Sumit Routh ....for the de facto complainant Petitioners pray for anticipatory bail.

In an incident of assault, two persons suffered injuries. None of the injuries were classified as grievous hurt. One of the persons suffered head injury.

The injury report speaks of physical assault. 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 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 will report before the Investigating Officer once in a fortnight till the conclusion of 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. CRM(A) 5510 of 2023 is disposed of.

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