This court disposed of an application for anticipatory bail under Section 438 CrPC. Holding that the nature of the incident and injuries entitled the petitioners to bail, the court ordered release upon furnishing security and sureties.
Anticipatory bail granted; security of Rs. 10,000 each with two sureties required.
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22 03.11.2020 rrc
CRM 7569 of 2020 (Via Video Conference)
In re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No. 402 of 2020 dated 21.09.2020 under Sections 341/323/326/307/34 of the Indian Penal Code.
In the matter of : Ulamin Dafadar & Ors.
….. petitioners
Mr. Asraf Mandal ….For the petitioners
Mr. Saibal Bapuli, Ld. APP Mr. Arijit Ganguly Mr. Sanjib Kumar Dan …..For the State
The petitioners undertake to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The petitioners claim that a minor incident has been blown out of proportion and exaggerated charges made.
The State refers to the injury reports. The most serious injury was on the forehead of one of the survivors.
Considering the nature of the incident and the extent of the injuries, the petitioners are entitled to anticipatory bail.
In the event of arrest, the petitioners should be released on furnishing security of Rs.10,000/- (Rupees ten thousand) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners
2
will also comply with the conditions laid down in Section 438(2)
of the Code.
CRM 7569 of 2020 is disposed of.
(Arijit Banerjee, J.) (Sanjib Banerjee, J.)
3 issues framed by the court
Whether the petitioners are entitled to anticipatory bail given the nature of the incident and extent of injuries.
What conditions should be imposed on the grant of anticipatory bail.
Whether the petition is legally maintainable under Section 438 CrPC.
2 provisions across 2 enactments
Ulamin Dafadar & Ors.
State
Arijit Banerjee
Sanjib Banerjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
