Sk Saheb And ORS v. State Of West Bengal

24.11.2020 rrc CRM 8551 of 2020 (Via Video Conference) In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sadaipur P.S. Case No. 43 of 2019 dated 20.05.2019 under Sections 143/323/324/325/326/307/436/379 of the Indian Penal Code and Section 9(b)(ii) of the Indian Explosive Act. In the matter of : Sk. Saheb & Ors.

..... petitioners Mr. Somnath Banerjee Mr. Pronojit Roy ....For the petitioners Mr. P. K. Datta, Ld. APP Mr. Santanu Deb Roy .....For the State The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

The petitioners say that a minor injury was suffered and it was not as if the petitioners attacked unprovoked. The State says that the petitioners had hurled bombs. The State also produces the injury reports, though no serious injury was suffered by any person.

Considering the nature of the incident and the nature of the injuries, the petitioners are entitled to anticipatory bail. In the event of arrest, the petitioners will be enlarged on bail upon furnishing a bond 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 also comply with the conditions laid down in

Section 438(2) of the Code and not attempt to make any contact with the victim till the conclusion of the trial. CRM 8551 of 2020 is disposed of.

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