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Calcutta High CourtCRM/7101/2020allowed

Ehesan Ali Sk @ Ahesan Ali Mondal v. State Of West Bengal

2020-10-06Hon'Ble Justice Soumen Sen,Hon'Ble Justice Saugata Bhattacharyya2 pages

(via video conference) 24 06.10.2020 CRM 7101 of 2020 Dd/ In Re - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Daulatabad Police Station case no. 88 of 2020 dated 01.05.2020 under Sections 341/307/325 of the Indian Penal Code. In the matter of :Ehesan Ali Sk @ Ahesan Ali Mondal .....Petitioner Mr. Anisur Rahman .... ....for the Petitioner Mr. S. S. Iman Mr. Subrato Roy ... ...For the State Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. The complaint is an outcome of grievous animosity between the petitioner and the complainant. It is further submitted that since the charge sheet has already been filed, custodial interrogation of the petitioner may not be necessary.

Learned counsel for the State strongly opposes the prayer for anticipatory bail. It is submitted that during the fight the complainant has suffered serious injury and had to be hospitalized.

Considering the nature of the injury and the extent of involvement of the petitioner in the commission of the alleged offence, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Ten thousand only), 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.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)