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Calcutta High CourtCRM(A)/166/2023allowed

Najrul Islam And ORS v. The State Of West Bengal

2023-03-02Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Subhendu Samanta2 pages

02.03.2023

IN THE HIGH COURT AT CALCUTTA

Sl. No.29 Circuit Bench at Jalpaiguri akd [ALLOWED] C. R. M. (A) 166 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 24.02.2023 in connection with Mekhliganj Police Station Case No. 397 of 2022 dated 01.12.2022 under Sections 448/323/324/325/506/34 of the Indian Penal Code. And In Re: Najrul Islam & Ors.

... ... Petitioners Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Rikta Sarkar ... ... for the petitioners Mr. Tapan Bhattacharjee Mr. Dhiman Sil ... ... for the State Heard the learned Advocates appearing for both the parties. We have considered the materials on record. There was a land dispute between the parties. Keeping in mind the aforesaid fact and the nature of injuries, we are of the opinion custodial interrogation of the accuseds/petitioners may not be necessary and they may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accuseds/petitioners, namely (1) Najrul Islam, (2) Sahanur Islam, (3) Sarif Islam @ Sharif Islam, (4) Arjina Bibi @ Ajina Begum @ Ajina Khatun Begum & (5) Sabina Yesmin @ Sabina Yechhamin, 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 and on further condition that the petitioners shall appear before the court below and pray for regular bail within four weeks from date. The application for anticipatory bail is, thus, disposed of. (Subhendu Samanta, J.) (Joymalya Bagchi, J.)