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Calcutta High CourtCRM/6768/2020allowed

Rafikul Islam v. State Of West Bengal

2020-09-18Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

18.09.2020.

47.

as (Allowed).

C.R.M. 6768 of 2020 With C.R.A.N.1 of 2020 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Ratua P.S. Case No.227 of 2020 dated 10.05.2020 under Sections 448/326/308/427/34 of the Indian Penal Court. In the matter of : Rafikul Islam & Ors.

... Petitioners.

Mr. Sagar Saha.

...for the Petitioners.

Mr. Prasun Kr. Datta, ld. A.P.P., Mr. Santanu Deb Roy.

.....for the State.

Heard the learned Advocates appearing for the parties. Petitioners undertake to affirm and stamp the petition/application as per Rules within a 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.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that the incident occurred due to a fight amongst the children of both the families and as the injuries do not appear to be

grievous, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners, viz., Rafikul Islam, Obaidur Rahaman, Amjad Ali, Bisarat Ali and Badenur Bewa shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, disposed of.

All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Suvra Ghosh,J.) (Joymalya Bagchi, J.)