Sk Jane Alam And ORS v. State Of West Bengal

10.12.2020 Sdas allowed CRM 10095 2020 (via video conferencing) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Shyampur P.S. Case No.

of dated 27.09.2020 under Sections 341/323/324/325/379/354B/506/34 of the Indian Penal Code. In the matter of : Sk. Jane Alam & Ors. .........Petitioners. Mr. Ramashis Mukherjee ...for the Petitioners.

Ms. Sukanya Bhattacharyya Md. Kutubuddin ...for the State.

It is submitted by the learned Counsel appearing for the petitioners that there is delay in lodging first information report. Learned Counsel appearing for the State opposes the prayer for anticipatory bail.

Allegation of physical assault may be assessed in the light of the unexplained delay in lodging first information report. Injuries do not appear to be grievous. Hence, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners 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.

The application for anticipatory bail is, thus, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)