Calcutta High Court (Appellete Side)
An Application For Anticipatory Bail ... vs In Re.: Md. Zuber Khan @ Guddu & Ors on 12 May, 2015
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 61. 12.05.2015
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ap C.R.M. 4189 of 2015 In the matter of: an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.05.2015 in connection with Taltala Police Station Case No. 44 of 2015 dated 19.03.2015 under Sections 147/148/149/307/324/326/341/392/397/448/457/458/459 of the Indian Penal Code and Section 25(1b) and (a) and 27 of the Arms Act.
And In re.: Md. Zuber Khan @ Guddu & Ors. ...... Petitioners Mr. Goutam Misra. ... for the petitioners Mr. Jayanta Banerjee. ... for the State. Mr. Sourav Chatterjee, Ms. Anusua Banik. ..for the de facto complainant. The petitioners, apprehending arrest in connection with Taltala Police Station Case No. 44 of 2015 dated 19.03.2015 under Sections 147/148/149/307/324/326/ 341/392/397/448/457/458/459 of the Indian Penal Code and Section 25(1b) and (a) and 27 of the Arms Act, have come to this Court for anticipatory bail.
Heard the learned counsel appearing on behalf of the parties. Perused the case diary.
This is a case where total six persons allegedly sustained injuries during the incident. The injury reports are at pages 19 to 26 of the case diary.
We have considered the nature of injuries more particularly the portion of the body on which the same was inflicted. 2 Having regard to the same and considering the other materials collected during investigation and when no case is made out from the side of the State showing that the petitioners' custodial interrogation is necessary, the prayer for anticipatory bail stands allowed.
Accordingly, it is directed that in the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer upon furnishing a Bond of Rs.5,000/- each on condition that after release, they shall surrender before the court concerned within four weeks thereafter.
This order is subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure.
The application for anticipatory bail, is, thus, disposed of.
(Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)