Anticipatory bail can be granted based on the nature of allegations, non-serious injuries, and promises to cooperate with the investigation, particularly where co-accused were similarly given bail.

JUDGMENT :

Anil Kumar Choudhary, J.

A.B.A. No.6564 of 2024 & A.B.A. No.6685 of 2024

Heard the parties.

1. Apprehending their arrest in connection with Radhanagar P.S. Case No.94 of 2024 instituted for the offences punishable under Sections 34 1, 324, 325, 326, 337, 307, 120(B)/34 of the I.P.C. the petitioner No.2 of A.B.A. No.6564 of 2024 and petitioner Nos.1 and 2 of A.B.A. No.6685 of 2024 have moved this Court for grant of privileges of anticipatory bail.

2. Learned counsel for the petitioners submit that the allegation against the petitioners of petitioner No.2 of A.B.A. No.6564 of 2024 and petitioner Nos.1 and 2 of A.B.A. No.6685 of 2024 is that in furtherance of common intention with the co-accused persons they attempted to murder the informant and her paternal-uncle Mukhtar Momin and Naushad Momin. It is next submitted that the allegations against the said petitioners are false. It is submitted that there is land dispute between the parties and for the self-same occurrence from the side of the said petitioners, Radhanagar P.S. Case No.95 of 2024 has been instituted by the son of the petitioner no.1 in A.B.A. No.6685 of 2024. It is further submitted that there is no sharp cut injury sustained by any of the victims Farsa hasua though it was alleged that the accused persons assaulted with and (which are sharp cutting weapons). It is also submitted that the co-accused persons, with similar allegations, have already been given the privileges of Anticipatory Bail by a co-ordinate Bench of this Court in A.B.A. No.6594 of 2024. It is lastly submitted that the said petitioners are ready to co-operate with the investigation of the case and to furnish sufficient security including cash security. It is next submitted that the said petitioners undertake that they will not annoy or disturb the informant in any manner during the pendency of the case. Hence, it is submitted that the said petitioners be given the privileges of anticipatory bail.

3. Learned Addl.P.P appearing for the State being assisted by the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner No.2 of A.B.A. No.6564 of 2024 and petitioner Nos.1 and 2 of A.B.A.No.6685 of 2024.

4. Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner No.2 of A.B.A. No.6564 of 2024 and petitioner Nos.1 and 2 of A.B.A. No.6685 of 2024. Accordingly, the said petitioners are directed to surrender in the Court below within six weeks from today and in the event of their arrest or surrendering, they will be enlarged on bail on depositing Rs.20,000/- each as cash security and furnishing bail bond of Rs.25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Rajmahal in connection with Radhanagar P.S. Case No.94 of 2024 with the condition that they will co- operate with the investigation of the case and appear before the investigating officer as and when noticed by him and furnish their mobile number and photocopy of the Aadhar Card with an undertaking that they will not change his mobile number during the pendency of the case and they will not annoy or disturb the informant in any manner during the pendency of the case and further conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.