Kutubuddin Baidya And ANR. v. State Of West Bengal

01.12.2020 Sc CRM 8983 of 2020 (Via Video Conference) In re : An application under Section 438 of the Code of Criminal Procedure filed on 04.10.2020 in connection with Dholahat Police Station Case No. 46 of 2020 dated 06.02.2020 under Sections 448/325/308/34 of the Indian Penal Code.

In the matter of : Kutubuddin Baidya & Anr.

... petitioners Mr. Lakshminath Bhattacharya .....for the Petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan.

......for the State.

The petitioners undertake to affirm and stamp the petition as per Rules within forty-eight hours of resumption of normal functioning of the Court. The petition is taken up through video conference on the basis of such undertaking.

The accusation against the petitioners is injury. There is no evidence of grievous injury. The incident took place on 15th October, 2019. The FIR was lodged on 6th February, 2020. Till date the petitioners are at large.

Considering the above factors, we allow this application for anticipatory bail.

In the event of arrest, the petitioners will be released on bail upon furnishing security of Rs.10,000/- (Rupees ten thousand) each together with personal release bond of equivalent value each to the satisfaction of the arresting officer.

The petitioners will also comply with the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 8983 of 2020 is disposed of.

(I. P. Mukerji, J.) (Md. Nizamuddin, J.)