Kasmat Sk @ Kyasmat Sekh And ORS v. State Of West Bengal

17.12.2020 Sdas allowed CRM 10181 of 2020 (via video conference) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Salar Police Station Case No. 138 of 2020 dated 19.07.2020 under Sections 341/325/326/307/34 of the Indian Penal Code.

And In Re : Kasmat Sk. @ Kyasmat Sekh & Ors. .........petitioners. Mr. Samirul Sardar ...for the petitioners.

Mr. Goutam Wilson ...for the State.

Allegation of assault may be assessed in the light of the submission that there is a free fight between the parties resulting in registration of the case and counter case between them. Considering the aforesaid facts, we are inclined to grant 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.)