Utpal Haldar v. State Of West Bengal

15.09.2020 ssd.

CRM 6552 of 2020 CRAN 1of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nabadwip P.S. Case No.557 of 2019 dated 28.12.2019 under Sections 323/325/326/307/ 354/448/427/506/34 of the Indian Penal Code.

And In the matter of: Utpal Haldar and anr.

....Petitioners.

Mr. Prabir Majumdar ...for the Petitioners.

Mr. Prasun Kumar Datta Mr. Nirupam Dhali ...for the State.

The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners claim that a family dispute has resulted in the de facto complainant lodging exaggerated charges. The State relies on the injury reports. At least two of the injuries were in the head and it is alleged that the injured were hit by bamboo sticks.

Considering the nature of the incident and injuries, there may not be any need to take the petitioners into custody as long as they cooperate with the investigation and report to the investigating officer as and when called, till the investigation is completed. Subject to the above, in the event of arrest, the petitioners will be released on bail on furnishing security of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. In

addition, the petitioners will abide by the conditions in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 6552 of 2020 and CRAN 1 of 2020 are disposed of. (Sanjib Banerjee, J.) (Aniruddha Roy, J.)