Mostafa Mondal @ Mosto Mondal And Another v. State Of West Bengal

17.12.2020 Court No.28 SL No.165 AP CRM 10459 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Narendrapur P.S. Case No.1044 of 2020 dated 30.10.2020 under Sections 341/325 /326/307/354/354B/379/506/34 of the Indian Penal Code. And In the matter of: Mostafa Mondal @ Mosto Mondal & Anr. ....Petitioners.

Mr. Sabir Ahmed, Mr. Syed Murshid Alam, Mr. Apan Saha, ...for the Petitioners.

Mr. Md. Anwar Hossain, Ms. Sreyashee Biswas ...for the State.

It is submitted on behalf of the petitioners that there was a free fight between the parties and they have been falsely implicated in the instant case.

Learned lawyer for the State opposes the prayer for anticipatory bail. We have considered the materials on record. Allegation of assault may be assessed in the light of the submission that there was a free fight between the parties and case and counter-case were registered. In view of the aforesaid facts and as injuries do not appear to be grievous, 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, 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.)