In an application for anticipatory bail under Section 438 CrPC regarding IPC offences of 341, 326, 307, 354, and 34, the court granted bail based on the simple nature of injuries. The petitioners must furnish a bond with sureties.
Anticipatory bail granted; petitioners to furnish bond of Rs. 10,000 each with two sureties of like amount.
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261 13.04.2021 rkd Ct. No.28 & (Allowed) nb
C.R.M. 827 of 2021
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P.S. Case No. 21 of 2021 dated 13/01/2021 under Section 341/326/307/354/34 of the Indian Penal Code.
And
In the matter of: Surman Dafadar & Ors.
Ms. Karabi Roy Mr. Neguive Ahmed
…for the petitioners.
…for the State.
Learned counsel for the petitioners submits that the petitioners are innocent and due to trivial issues the present incident has taken place.
Learned counsel for the State produces the case diary.
We have perused the initial report and we find that the medical opinion is that the injuries are “simple in nature”. Having regard to the nature of injuries, we are inclined to grant anticipatory bail to the petitioner.
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.
All parties shall act on the server copies of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.) (Soumen Sen, J.)
2 issues framed by the court
Whether anticipatory bail should be granted in view of simple injuries.
What conditions to impose on the grant of anticipatory bail.
3 provisions across 2 enactments
Surman Dafadar
State
Tirthankar Ghosh
Soumen Sen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
