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Calcutta High CourtCRM (A)/5549/2023allowed

Md Arif Khan @ Md Arip Khan @ Arif Kha And ANR. v. The State Of West Bengal

2024-02-05Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

05.02.2024 Item No.472 Ct. No. 29 CHC Allowed C.R.M.(A) 5549 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua Police Station Case No. 578 of 2023 dated 09.10.2023 under Sections 341/326/307/34 of the Indian Penal Code. And In the matter of : Md. Arif Khan @ Md Arip Khan @ Arif Kha & anr.

...... petitioners Ms. Minoti Gomes ....for the petitioners Mr. Imran Ali, Ms. Trina Mitra ....for the State Two persons suffered injuries in an incident of assault. One person suffered cut injury over the left subtemporal region and the other lacerated injuries.

Considering the nature of injuries and 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 petitioner no.1, namely, Md Arif Khan @ Md Arip Khan @ Arif Kha will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner not.2, namely, Afrida Khatun 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) 5549 of 2023 is disposed of.

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