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Calcutta High CourtCRM/10636/2020allowed

Meher Sk And ORS v. State Of West Bengal

2020-12-24Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Suvra Ghosh1 pages

C.R.M. 10636 of 2020 (Through Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bharatpur P.S. Case No. 56 of 2020 dated 21/02/2020 under Section 341/324/325/307/34 of the Indian Penal Code.

rkd 24.12.2020 Ct. No.28 (Allowed) And In the matter of: Meher Sk. & Ors.

....petitioners.

Mr. M. K. Das ...for the petitioners.

Mr. A. Hossain, Ms. B. Hasna ...for the State.

It is submitted on behalf of the petitioners that there was case and counter case between the parties.

Learned counsel appearing on behalf of 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 and case and counter case was registered. Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs. 10,000/- 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.)