Anowarul Islam @ Anwarul Islam And ANR v. State Of West Bengal

09.12.2020 ss Allowed C.R.M. 10076 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal P.S. Case No.989 of 2019 dated 18.11.2019 under sections 447/324/325/376/511/307/34 of the Indian Penal Code.

And In the matter of: Anowarul Islam @ Anwarul Islam & Anr. Mr. Arup Sarkar ... ... for the Petitioners Ms. Faria Hossain Ms. Sonali Das ... ... for the State It is submitted on behalf of the petitioners that there is family dispute between the parties and petitioners have been falsely implicated in one case after another. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the statements of witnesses as well as injury report. We have assessed the allegation of assault in the light of pre-existing enmity between the parties. Injury report discloses injury on the finger of the victim. In view of the aforesaid fact, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two

sureties of like amount each, to the satisfaction of the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)