Saheb Momin And ORS. v. The State Of West Bengal

05.02.2024 Item No.462 Ct. No. 29 CHC Allowed C.R.M.(A) 5539 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 1377 of 2023 dated 17/10/2023 under Sections 341/325/326/307/354/379/506/34 of the Indian Penal Code, 1860.

And In the matter of : Saheb Momin & ors.

...... petitioners Ms. Minoti Gomes ....for the petitioners Ms. Sreyashee Biswas ....for the State Petitioners pray for anticipatory bail.

A number of persons suffered injuries.

Apparently, there was a free fight amongst the private parties.

Considering the nature of the injuries suffered in the incident, 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 month 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) 5539 of 2023 is disposed of.

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