Miraj Shaikh v. State Of West Bengal And ORS.

21. 10 . 2020 CRM 7787 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Nowda Police Station Case No. 94/2020 dated 07.07.2020 under Sections 448/325/326/307/427/506/34 of the Indian Penal Code.

BP/SM Sl.26 In the matter of : Miraj Shaikh......petitioner Mr. Asraf Mandal ..for the petitioner.

Mr. Swapan Banerjee Ms. Purnima Ghosh ..for the State.

The petitioner undertakes to appropriately 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.

Learned advocate for the petitioner submits that the principal accused has already been granted bail by the co-ordinate bench of this court. The petitioner is the father of the principal accused. Therefore, the petitioner is no way connected with the present case. Therefore, the petitioner should be granted

anticipatory bail.

Learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the case diary and also the injury report, in our considered view, the petitioners should be granted anticipatory bail.

Accordingly, we allow the prayer for anticipatory bail.

In the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of like amount, to the satisfaction of the arresting officer of the case.

The aforesaid order shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The application for anticipatory bail being C.R.M. 7787 of 2020 is disposed of.

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