Calcutta High CourtCRM(A)/149/2024allowed

Sahidul Islam And ORS v. The State Of West Bengal

2024-03-07Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 07.03.2024 Court No.1 Item.125 (Srimanta) CRM(A) 149 OF 2024 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Mekhliganj Police Station Case No. 66/2023 dated 12.03.2023 under Sections 447/341/323/324/354/307/379/34 of the Indian Penal Code. And In the matter of: Sahidul Islam & Ors.

. . .Petitioners.

Mr. Debashis Mukherjee, Ms. Srishti Sarkar ... For the petitioners.

Mr. Nilay Chakraborty, Mr. Dhiman Sil ...For the State.

1. It is evident from the material placed before us that there is a dispute between two groups involving land. It also appears from the Case Diary that two of the three injuries were found to be simple in nature in the individual medical reports.

2. Hence, we are inclined to grant the prayer for anticipatory bail since the custodial interrogation of the three petitioners is not required.

3. We accordingly direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The Code of Criminal Procedure, 1973. The petitioners shall cooperate with the investigation and make themselves available for questioning to the Investigating Officer whenever he is required to do so. The petitioners shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

4. The application for anticipatory bail being CRM (A) 149 of 2024 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)