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Calcutta High CourtCRM/6719/2020allowed

Sekh Asmat Ali v. State Of West Bengal And ORS.

2020-09-24Hon'Ble Justice I. P. Mukerji,Hon'Ble Justice Md. Nizamuddin2 pages

24.09.2020

(24) KC C.R.M. 6719 of 2020 With CRAN 1 of 2020 (Via Video Conference) In Re:- An application for bail under Section 438 of the Code of Criminal Procedure in connection with Amdanga Police Station Case No. 424 of 2020 dated 9th July, 2020 under Sections 341/323/325/307/34 of the Indian Penal Code. In the Matter of : Sekh Asmat Ali and Ors.

.... petitioners.

Mr. Surajit Basu.............................For the petitioners. Mr. Rana Mukherjee, Ms. Sujata Das...............................For the State. The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition as per the rules within forty eight hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Mr. Mukherjee for the State makes very fair submissions. He candidly discloses before the Court that the alleged offence arises out of a civil dispute. Secondly, on perusal of the records he is of the opinion that the injuries were simple. Considering the incident and the extent of the injuries, there is no need to take the petitioners into custody at this stage as long as they report to the investigating officer as and when called, till the investigation is complete. Subject to the above, in the event of arrest, the petitioners will be released on bail upon furnishing security

of Rs. 10,000/- (Rupees Ten Thousand) each together with personal release bond of equivalent value each to the satisfaction of the arresting officer.

The petitioners will also comply with the conditions laid down in Section 438(2) of the Code.

In those circumstances, the application for anticipatory bail is allowed.

CRM 6719 of 2020 and the interim application filed therein are disposed of.

(I.P. MUKERJI, J.) (MD. NIZAMUDDIN, J.)