Manuar Hussain And ORS v. State Of West Bengal

11.12.2020 Sl. No. 70 akb [ALLOWED] C. R. M. 10217 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.12.2020 in connection with Chanchal Police Station Case No. 1013 of 2020 dated 05.11.2020 under Sections 498A/323/325/307/34 of the Indian Penal Code, 1960 read with Sections 4/4 of the D.P. Act.

And In Re: Manuar Hussain & Ors.

... ... Petitioners Ms. Sonali Das .. Advocate ... ... for the petitioners Ms. Zareen N. Khan .. Advocate Mr. Mirza Firoj Ahmed Begg.. Advocate ... ... for the State It is contended that there is a delay in lodging FIR. Injuries are also slight in nature.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

The allegation of physical assault may be assessed in the light of the delay in lodging FIR and the nature of injuries, as aforesaid. Accordingly, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Manuar Hussain (2) Dilwar Hussain,

(3) Mahammad Hasanujjaman and (4) Chhabinur Khatun, 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 be 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.)