Sovan Sk@Sobhan Sekh@Chhuban Sk v. State Of West Bengal
16.09.2020 SL No.37 Court No.8 (gc) (Allowed) CRM 6586 of 2020 CRAN 1 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.09.2020 in connection with Hariharpara P.S. Case No. 124/2020 dated 13.05.2020 under Sections 341/326/307/34 of the Indian Penal Code.
And In the matter of: Sovan Sk @ Sobhan Sekh @ Chhuban Sk. & Ors.
....Petitioners.
Mr. Somnath Adhikary ...for the Petitioners.
Ms. Sukanya Bhattacharya, Mr. Md. Kutubuddin ...for the State.
The petitioners undertake to affirm and stamp the petition/application as per Rules within one month of resumption of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing through video conference. Accordingly, the application being CRAN 1 of 2020 is disposed of.
The learned Counsel appearing on behalf of the petitioners submits that there was a fight between the neighbours over the use of a common drain. As a fallout some persons received injuries.
The learned Counsel for the State opposes the prayer for anticipatory bail. He refers to the injury report. A charge-sheet has already been submitted in this case.
Considering the materials available in the case diary and the fact that a charge-sheet has already been submitted, we do not think that custodial interrogation of the petitioners is
required. Accordingly, we allow the application for anticipatory bail. In the event of arrest, the petitioners shall be released on anticipatory bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each together with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer subject to the condition as laid down under Section 438(2) of the Cr.P.C.
The application for anticipatory bail being CRM 6586 of 2020 is allowed.
All parties are to act on a website copy of this order on the usual undertaking.
(Jay Sengupta, J.) (Soumen Sen, J.)