Sargila Bibi And ANR v. State Of West Bengal

23.12.2020 Sl. No.110 akd [ALLOWED] C. R. M. 10618 of 2020 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 14.12.2020 in connection with Santipur Police Station Case No. 555 of 2020 dated 23.11.2020 under Sections 448/325/326/506/34 of the Indian Penal Code.

And In Re: Sargila Bibi & Anr.

... ... Petitioners Mr. Sayan De .. Advocate Mr. Koustuv Shome .. Advocate ... ... for the petitioners Mr. Narayan Prasad Agarwala .. Advocate Mr. Ashok Das .. Advocate ... ... for the State It is submitted on behalf of the petitioners that there was a free fight between the parties. It is further submitted that the petitioners suffered injuries.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Allegation of assault may be considered in the light of the aforesaid submission made on behalf of the petitioners. We have also considered the nature of injuries. Under such circumstances, we are of the opinion that custodial interrogation of the accused/petitioners is not necessary and they may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Sargila Bibi & (2) Abul Hosen Mandal, 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, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)