Nur Alam@Noor Alam@Islam And ANR v. State Of West Bengal

15.12.2020 Saswata (Allowed).

C.R.M. 10373 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.12.2020 in connection with Itahar P. S. Case No.215 of 2020 dated 16.07.2020 under Sections 447/324/325/307/506/34 of the IPC.

In the matter of : Nur Alam @ Noor Alam @ Islam & anr. ... Petitioners.

Mr. B.Khatun ...for the Petitioners.

Mr. Swapan Banerjee Mr. Purnnima Ghosh .....for the State.

The statements of witnesses implicate petitioner no. 2 in the alleged crime in assaulting the victim who suffered severe head injury and was admitted to the hospital. Under such circumstances, the prayer for anticipatory bail in respect of petitioner no. 2 is rejected.

However, keeping in view the extent of complicity of the petitioner no. 1 in the alleged crime, we are inclined to grant anticipatory bail to petitioner no. 1.

Accordingly, we direct that in the event of arrest, the petitioner no. 1, namely, Nur Alam @ Noor Alam @ Islam be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Suvra Ghosh, J.) (Joymalya Bagchi, J)