Based Ali Khan @ Based Khan And ORS v. State Of West Bengal

04.01.2024 Item No.54 Ct. No. 29 CHC Allowed C.R.M.(A) 5742 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 824/2023 dated 22.07.2023 under Sections 447/341/323/325/307/188/506/34 of the Indian Penal Code.

And In the matter of : Based Ali Khan @ Based Khan & ors. ...... petitioners Mr. Amal Krishna Samanta, Mr. Arun Kumar Das ....for the petitioners Mr. Suman De ....for the State Petitioners pray for anticipatory bail.

In an incident of assault resulting out of property disputes, number of persons received injuries. None of the injuries were classified as grievous hurt. Apparently, injured sustained superficial cut injury. 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, Based Ali Khan @ Based Khan, petitioner no.2, namely, Basir Ahamed Khan, petitioner no.3, namely, Badruddoga Khan, petitioner no.4, namely, Golam Murtaja Khan, petitioner no.5, namely, Golam Mustafa Khan, petitioner no.6, namely, Meher Khan @ Mehetab Khan, petitioner no.7, namely, Miraj Alam Khan @ Maraj Khan, petitioner no.8, namely, Mantaj Ali Khan @ Mantaj Khan will report before the Investigating Officer once in a month till the conclusion of investigation and petitioner no.9, namely, Manoara Bibi @ Manuara Bibi and petitioner no.

10, namely, Mansura 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) 5742 of 2023 is disposed of.

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