Munsor Sk@Manchur Sk v. State Of West Bengal

16.09.2020 SL No.42 Court No.8 (gc) (Allowed) CRM 6598 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 Palashipara P.S. Case No.148/2020 dated 09.06.2020 under Sections 341/325/326/354B/506/34 of the Indian Penal Code.

And In the matter of: Munsor Sk @ Manchur Sk & Ors. ....Petitioners.

Ms. Karabi Roy ...for the Petitioners.

Mr. P.K. Datta, Ld. A.P.P.

Mr. S.S. Imam, Mr. Santanu Deb Roy ...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 petitioner submits that the co-accused in this case has already been granted bail. Two months ago, the de facto complainant and her mother entered into the house of the petitioner No.1 and attacked the inmates there. The Petitioner No.2 and two others suffered injuries in the process. As a result, the brother of the petitioner No.1 died. A case is pending on these allegations. This is nothing but a counter blast against such case.

The learned Counsel appearing on behalf of the State opposes the prayer for anticipatory bail and refers to the injury report. It does not appear that the injury suffered by the said victim is grievous in nature.

Considering the nature of allegations and in the facts of the present case, we are inclined to allow the application for anticipatory bail to the petitioners. 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 6598 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.)