Sk Anu @ Sekh Asmat And ORS v. State Of West Bengal

14.10.2020 srm CRM 7717 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bolpur Police Station Case No. 168/20 dated 17.07.2020 under Sections 341/326/30/7/506/34 of the Indian Penal Code. And In Re: Sk. Anu @ Sekh Asmat & Ors.

... ... Petitioners.

Mr. Sanjib Kumar Dan, Ms. Saryati Dutta ...... for the petitioners Mr. Partha Pratim Das, Mrs. Manasi Roy ...... for the State The advocate-on-record for the petitioners undertakes to affirm and properly stamp the petition 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.

Mr. Dan, learned Advocate appearing for the petitioners submits that the matter relates to land dispute. Since the wife of the one of the petitioners lodged FIR against the opposite party therefore, the opposite party lodged the FIR against the petitioners. It is nothing but an afterthought. Mr. Das, learned Advocate appearing for the State opposes the prayer for anticipatory bail and produces the case diary. Considering the contents of the case diary we find from the injury report that "injury may be grievous", we are of the considered view, the petitioners should be granted anticipatory bail.

Accordingly, the prayer for anticipatory bail is allowed. In the event of arrest, the petitioners be released on bail upon furnishing 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 also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall meet the investigating officer once in a week until further orders.

Thus, CRM 7717 of 2020 is disposed of.

(Aniruddha Roy, J.) (Samapti Chatterjee, J.)