Calcutta High Court (Appellete Side)
448/325/308/506/ 354B/34 Of The Indian ... vs In Re:- Nistar Ali on 3 October, 2018
1 0.2018 (c/l) .
CRM No. 7805 of 2018 Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 12th September, 2018 in connection with Kaliachak Police Station Case No. 490 of 2018 dated 12.7.2018 under Sections 448/325/308/506/ 354B/34 of the Indian Penal Code.
And In Re:- Nistar Ali ... Petitioner Ms. Soma Chowdhury (Bandhu) ..for the Petitioner Mr. Pravas Bhattacharya Mr. Kaushik Majumder .. for the State The petitioner seeks anticipatory bail in connection with Kaliachak Police Station Case No. 490 of 2018 dated 12.7.2018 under Sections 448/325/308/506/ 354B/34 of the Indian Penal Code.
The petitioner claims that a minor matter grew out of hand resulting in a scuffle.
The State opposes the prayer and refers to the injury report from the case diary.
There was a trivial dispute between the defacto complainant and the petitioner and their respective associates that ended up in a full-blown fight.
1 2However, considering the incident and the nature of the injuries, it may not be necessary to take the petitioner into custody as long as the petitioner cooperates with the investigation.
Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing security of Rs.10,000/- (Rupees ten thousand only), with two sureties of Rs.5,000/- (Rupees five thousand only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer A certified copy of this order be immediately made available to the petitioner subject to compliance with all requisite formalities.
(Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J. ) 2