Sirajul Haque Alias Sirajul Hoque And ANR v. State Of West Bengal

24.11.2020 Sc CRM 7979 of 2020 (Via Video Conference) In Re: - An application for Anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Beldanga P.S. Case No. of dated 06.07.2020 under Sections 448/325/326/307/354/34 of the Indian Penal Code. And In the matter of: Sirajul Haque @ Sirajul Hoque & Anr. ....Petitioners.

Mr. Somnath Adhikary ...for the Petitioners.

Mr. Binoy Kr. Panda Ms. Pushpita Saha.

...for the State.

The petitioners undertake 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 petitioners claim that there was a clash between two groups of persons and both sides received injuries and lodged cases. The State places the injury reports and says that a sharp cutting weapon may have been used in some cases.

It is not abnormal for villagers to use the nearest instrument available as a weapon.

However, considering the nature of the incident and the extent of the injuries, the immediate detention of the petitioners may not be necessary.

Subject to the above, in the event of arrest, the petitioners will be enlarged on bail on furnishing security of Rs. 10,000/- (Rupees ten thousand) each with two sureties of like amount each, one of whom

must be local, to the satisfaction of the arresting officer. The petitioners will abide by the conditions laid down in Section 438(2) of the Code. CRM 7979 of 2020 is disposed of.

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