Murshid Sk @ Khurshit Sekh And ORS v. State Of West Bengal

22.12.2020 Saswata (Allowed).

C.R.M. 10561 of 2020 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakshipara P.S. Case No.532 of 2020 dated 17.10.2020 under Sections 341/326/34of the IPC and Sections 3 & 4 of the Domestic Violence Act, 2005 In the matter of : Murshid Sk. @ Khurshit Sekh & ors. ... Petitioners.

Ms. Karabi Roy ...for the Petitioners.

Mr. Saryati Datta .....for the State.

It is submitted on behalf of the petitioners that there was a free fight and injuries were received by both parties. Learned lawyer for the State opposes the prayer for anticipatory bail.

Allegation of assault may be considered in the light of the aforesaid submission resulting to free fight between the parties. In view of the aforesaid fact and the nature of injuries, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly, disposed of.

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