Saddam Biswas & Anr vs State

The petitioners undertake to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court.

Subject to such undertaking, the application is taken up for hearing through video conference. Learned advocate for the petitioners submits that there

was dispute with the de-facto complainant and on the basis of the same the petitioners have been falsely implicated in the case. He further submits

that having regard to the nature of allegation the custodial detention of the petitioners may not be necessary. Learned advocate for the State opposes

the prayer for anticipatory bail and draws the attention to the relevant statements in the Case Diary as well as the injury report. We have perused the

injury report and we find that the medical officer concerned recorded bruise on the head of the victim. Having taken into account the nature of injury

and the complicity of the petitioners, we do not think that custodial detention of the petitioners are warranted for the sake of investigation of the case.

As such prayer for anticipatory bail of the petitioners are allowed.

Accordingly, we direct that in the event of arrest the petitioners be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand

only) with two sureties of Rs.5000/- (Rupees Five Thousand only) each, to the satisfaction of the arresting officer or the investigating officer of the

case and on condition that the petitioners shall not tamper with the evidence or intimidate the witnesses and shall meet the investigating officer as and

when required.

The aforesaid order of anticipatory bail shall be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

With these observations, CRM 4959 of 2020 and CRAN 3190 of 2020 are disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.