Ajmat Sekh Alias Ajmat Sk v. State Of West Bengal

SL-04 25.11.2020 pg.

Allowed CRM 7868 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No.419 of 2020 dated 24.08.2020 under Sections 447/326/506/34 of the Indian Penal Code.

And In the matter of: Ajmat Sekh @ Ajmat Sk.

.... Petitioner Mr. Prabir Majumder ... For the Petitioner Mr. Prasan Kumar Datta Mr. Nirupam Dhali ... For the State The petitioner undertakes to affirm and stamp the petition as per the Rules within one week of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioner claims that a land dispute between two families resulted in some blows, but no one was seriously injured. The State says that at least three persons suffered head injuries and one of them had a deep-cut wound on the head that required multiple stitches.

It does not appear that there was any premeditated plan to maim or kill any person. The land dispute may have led both the sides to grab whatever material was lying around to attack members of the rival group.

Considering the nature of the incident and the extent of the injuries, the custodial interrogation of the petitioner may not be necessary as long as he cooperates with the investigation and reports to the investigating officer as and when called, till the investigation is completed.

In the event of arrest, the petitioner will be enlarged on bail upon furnishing security of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer.

The petitioner will also abide by the conditions laid down in section 438(2) of the Code.

CRM 7868 of 2020 is disposed of.

(Sanjib Banerjee, J.) (Aniruddha Roy, J.)