Hossain Ali @ Hosen Ali And ORS v. State Of West Bengal

11.12.2020 Sl. No. 71 akb [ALLOWED] C. R. M. 10219 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 02.12.2020 in connection with Dinhata Police Station Case No. 365 of 2020 dated 21.09.2020 under Sections 143, 448, 323, 325, 307, 427, 382 and 506 of the Indian Penal Code, 1960 read with Sections 25, 27 and 35 of the Arms Act. And In Re: Hossain Ali @ Hosen Ali & Ors.

... ... Petitioners Ms. Deborshi Dhar .. Advocate ... ... for the petitioners Mr. Nilay Chakraborty .. Advocate Mr. Avijit Sarkar .. Advocate ... ... for the State It is submitted on behalf of the petitioners that there is a family dispute and they have been falsely implicated in the instant case. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We find that no one suffered any gunshot or bomb blast injury. In view of the aforesaid fact and in the light of the submission that there was a family dispute between the parties, we are inclined in granting anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Hossain Ali @ Hosen Ali (2) Hasan Ali, (3) Imran Hasan Sagar, (4) Kabil Hossain @ Kabil Miya @ Kapil Hossain, (5) Hapijar Rahaman @ Hapijar Miya and (6) Babla Rahaman @ Miah @ Babla Hoqe 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.)