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Calcutta High CourtCRM/6857/2020allowed

Yousuf Sk @Yousuf Ali @ Yusof Ali v. State Of West Bengal

2020-09-22Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

22.09.2020 Sl. No.37 akd [ALLOWED] C. R. M. 6857 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 09.09.2020 in connection with Hariharpara Police Station Case No. 154 of 2020 dated 07.06.2020 under Sections 448/325/326/307/34 of the Indian Penal Code. And In Re: Yousuf Sk. @ Yousuf Ali @ Yusof Ali ... ... Petitioner Mr. Asraf Mandal .. Advocate ... ... for the petitioner Mr. S. S. Imam .. Advocate Mr. Subrato Roy .. Advocate ... ... for the State Petitioner undertakes 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 conferencing. The application being CRAN 1 of 2020 is accordingly, disposed of.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the submission that there was a free fight between the parties and as the injuries appearing from the medical papers do not appear to be grievous, we are of the opinion that custodial interrogation of the accused/petitioner is not necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Yousuf Sk. @ Yousuf Ali @ Yusof Ali, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)