Habibul Ansary@Habibula Ansary v. State Of West Bengal

C.R.M. 7594 of 2020 SL-7 With CRAN 1 of 2020 09-10-2020 sg (Via Video Conference) Court 23 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Domkal Police Station Case No. 483 of 2020 dated 26.08.2020 under sections 286/325/307/34 of the Penal Code and Sections 3/4 of E.S. Act.

Allowed Habibul Ansary @ Habibula Ansary & Ors.

Versus

State of West Bengal Mr. Kaustav Bagchi, Adv.

Mr. Amanul Islam, Adv.

...for the petitioners.

Mr. Prasun Kumar Datta, Adv.

Mr. Nirupam Dhali, Adv.

...for the State.

The petitioners undertake to affirm and stamp the petition/application as per the Rules within one month of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

CRAN 1 of 2020 is accordingly, disposed of.

Having considered the case diary and the injury report, being part of the case diary which shows that the injuries are simple, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of whom must be local, 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 and on further condition that they shall not enter within the jurisdiction of Domkal Police Station without the express permission of the court below except for meeting the investigating officer until further orders and shall provide the

addresses where they will reside while on bail to the investigating officer as well as the court below and shall meet the officer-in-charge of the concerned police station where they will reside while on bail once in a fortnight until further orders.

In the event they fail to comply with the conditions as enshrined hereinabove, the trial court shall be at liberty to cancel their bail automatically without reference to this Court.

The application for anticipatory bail is, thus, allowed. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Saugata Bhattacharyya, J.) (Soumen Sen, J.)