Calcutta High CourtCRM/7193/2020allowed

Emadur v. State Of West Bengal

2020-10-01Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Shampa Sarkar2 pages

01.10.2020 Sl. No.37 akd [ALLOWED] C. R. M. 7193 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 18.09.2020 in connection with Ratua Police Station Case No. 115 of 2020 dated 27.02.2020 under Sections 341/325/326/308/354/34 of the Indian Penal Code. (G.R. Case No.655 of 2020) And In Re: Emadur & Ors.

... ... Petitioners Mr. Arup Sarkar .. Advocate ... ... for the petitioners Mr. Sudip Ghosh .. Advocate Mr. Bitasok Banerjee .. Advocate ... ... 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. The application being CRAN 1 of 2020 is accordingly, disposed of.

It is submitted on behalf of the petitioners that the incident arose out of a property dispute.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioners and as the injuries do not appear to be grievous, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary in the facts of the present case and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Emadur, (2) Sadibul @ Sadikul, (3) Manirul @ Manirul Islam, (4) Ebrahim, (5) Aliara Bibi @ Aliara & (6) Kulfat Bibi @ Kulphat, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) 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 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. (Shampa Sarkar, J.) (Joymalya Bagchi, J.)