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Calcutta High CourtCRM (A)/5604/2023allowed

Khandekar Mohammad Sasujjaman @ Khandekar Mohammad Samsuz Zaman And ANR. v. The State Of West Bengal

2024-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.02.2024 Ct. No. 29 S.D.

Allowed C.R.M.(A) 5604 of 2023 In Re:- In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Indus Police Station Case No. 175 of 2023 dated 25.10.2023 under Sections 341/324/506/354/307/34 of the Indian Penal Code.

And In Re : Khandekar Mohammad Sasujjaman @ Khandekar Mohammad Samsuz Zaman @ Kh.Md. Samsuz Zaman & Anr.

....... petitioners Mr. Kallol Mondal Mr. Krishan Roy Mr. Souvik Das Mr. Anamitra Banerjee ...for the petitioners Mr. Sanjay Bardhan, Ld.APP., Mr. R. Jana Ms. Ayantika Roy ...for the State Mr. Tanweer J. Mandal Ms. Somashree Dey Ms. Tuhina Parvin ...for the defacto-complainant Apparently, an incident of assault took place over property disputes. An injured suffered lacerated wound over the right forehead. Government hospital classified the injury as simple. Injured subsequently treated himself at a private place. State and the defacto-complainant are represented.

In view of the nature of the incident and the injury, 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/- 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. The petitioners will report before the Investigating Officer once a fortnight till the completion of the investigation. 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)