Md Tabrej@Md Tabrez Khan v. State Of West Bengal

23.12.2020 Court No.28 SL No.91 AP CRM 10388 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Howrah P.S. Case No.280 of dated 30.08.2020 under Sections 143/186/188/ 323/325/326/332/333/353/307/505(2)/120B of the Indian Penal Code read with Sections 3/4 of the Prevention of Damage of Public Property Act. And In the matter of: Md. Tabrej @ Md Tabrez Khan ....Petitioner.

Mr. Tarique Quasimuddin, Mr. Abbas Ibrahim Khan ...for the Petitioner.

Mr. Rudradipta Nandy ...for the State.

It is submitted on behalf of the petitioner that he suffers psychological ailments and he has been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail and submits that the petitioner and co-accused persons assaulted the police personnel.

We have considered the materials on record. The allegation of assault may be assessed at the appropriate stage of the proceedings in accordance with law. That apart, injuries are simple in nature. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner. Accordingly, we direct that in the event of arrest, the petitioner 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 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, allowed. The parties shall act in terms of the copy of the order downloaded from the official website of this court.

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