Haladhar Barman And ORS v. State Of West Bengal

01.10.2020 tkm C.R.M. 7175 of 2020 sl no. 30 CRAN 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 Sitai P.S case no. 63 of 2019 dated 4.6.2019 under sections 143/341/325/326/307/384 of the Indian Penal Code and sections 25/27/35 of the Arms Act And Allowed In Re : Haladhar Barman & Ors.

...... petitioners Mr. A Ghosh Mr. S Guha ...... for the petitioners Mr. A S Chakraborty Mr. U Luksom ...... for the State 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 conferencing. Accordingly, the application being 1 of 2020 is disposed of. It is submitted on behalf of the petitioners that there was a free fight between the parties and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the injury reports. Bearing in mind the facts of the case and other attending circumstances, we are of the opinion custodial interrogation of the petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners 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 also be subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

The application being CRM 7175 of 2020 is disposed of. (Shampa Sarkar, J.) (Joymalya Bagchi, J.)