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Calcutta High CourtCRM/10129/2020allowed

Biswajit Biswas And ANR v. State Of West Bengal

2020-12-10Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh2 pages

rkd 10.12.2020 Ct. No.28 (Allowed) C.R.M. 10129 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Santipur P.S. Case No. 484 of 2020 dated 20/10/2020 under Sections 448/325/326/307/379/34 of the Indian Penal Code. And In the matter of: Biswajit Biswas & Anr.

....petitioners.

Mr. A. Chakraborty ...for the petitioners.

Md. A. Hossain, Ms. S. Biswas ...for the State.

It is submitted on behalf of the petitioners that there are case and counter case between the parties. Injuries occurred at both ends due to a free fight.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegation of physical assault may be assessed in the light of the aforesaid submission relating to a free fight resulting in injuries at both ends. Injuries suffered by the victim do not appear to be grievous. Accordingly, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs. 10,000/- 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.

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