Anowar Ali@Anuwar Ali And ORS. v. State Of West Bengal

13.02.2024 Item No.117 Ct. No. 29 CHC Allowed C.R.M.(A) 5538 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur Police Station Case No. 1104 of 2023 dated 17.10.2023 under Sections 341/ 506/ 325/ 326/ 354/ 323/ 308 and 34 of the Indian Penal Code, 1860.

And In the matter of : Anowar Ali @ Anuwar Ali & ors. ...... petitioners Mr. Soupal Chatterjee, Mr. Anupam Das ....for the petitioners Mr. Koushik Kundu ....for the State Petitioners pray for anticipatory bail.

An incident of assault took place over a water pipe line. There is a counter police complaint also.

Injury report does not suggest that any injured 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 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 petitioner no.1, namely, Anowar Ali @ Anuwar Ali, petitioner no.2, namely, Juel Ali, petitioner no.3, namely, Md. Rocky @ Roki Ali and petitioner no.5, namely, Md. Muslim @ Sekh Muslim will report before the Investigating Officer once in a fortnight till the conclusion of investigation and petitioner no.4, namely, Nuniya Bibi @ Anowara Bibi and petitioner no.6, namely, Surema Bibi will cooperate with 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.

This application for anticipatory bail is, thus, allowed. CRM(A) 5538 of 2023 is disposed of.

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