CRM (A)/6109/2022 of HAJRAT ALI @ FODA AND ORS Vs STATE OF WEST BENGAL on 29 December 2022

29.12.2022Vacation BenchSL No.12s.biswas(Allowed)

C.R.M. (A) 6109 of 2022

In Re: - An application for bail under Section 438 of the Code ofCriminal Procedure in connection with Harishchandrapur P.S.Case No.238 of 2022 dated 29.03.2022 under Sections143/144/145/147/148/149/341/188/323/307/427 of theIndian Penal Code read with Section 9 of the West BengalMaintenance of Public Order Act, 1972.

And

In the matter of: Hajrat Ali @ Foda and others

….Petitioners

Mr. Soopal Chatterjee,Ms. Sucheta Banerjee …for the Petitioners Mr. Neiguive AhmedMs. Debjani Dasgupta …for the State Learned counsel for the petitioners submits before us interalia that there is a village rivalry and for this reason theseaccused persons are falsely entangled in the alleged offence. Hefurther submits that some of the accused persons had beengranted anticipatory bail by this Court in CRM (A) 5963 of 2022on 22.12.2022 and as these accused petitioners are on the samefooting, the prayer for anticipatory bail of the present petitionersmay be granted.

Learned counsel for the State has fairly submits that thereis no ingredient of the offence under Section 307 of the IndianPenal Code in this case.

We have considered the rival submissions advanced byboth the parities and perused the materials gathered in therecord. It appears that some of the accused persons havealready been granted anticipatory bail in connection with the same case and the present petitioners stand on the samefooting. Considering the earlier order passed by this Court andalso considering the materials involved in this case, we are alsoinclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, thepetitioners shall be released on bail upon furnishing a bond of`10,000/- each, with two sureties of like amount each, to thesatisfaction of the Arresting Officer and subject to the conditionsas laid down under Section 438(2) of the Code of CriminalProcedure, 1973 and on condition that the petitioners will reportbefore the Investigating Officer once a month till the conclusionof the investigation and on condition that the petitioners shallappear on every date before the jurisdictional Court on and fromthe date fixed for appearance of the accused and in default thejurisdictional Court will pass appropriate order to secure thepresence of the petitioners in Court including cancelling theanticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of thepetitioners is allowed.

(Prasenjit Biswas, J.) (Abhijit Gangopadhyay, J.)