Leave granted. The appellants – Rakesh Kumar Singh and Varun Kumar Singh seek anticipatory bail in the First Information Report¹ no. 120/2022, dated 13.08.2022, registered with Police Station – Watgunge, District – Kolkata, West Bengal for the offence(s) punishable under Sections 341, 324, 307 and 34 of the Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act, 1959. The alleged occurrence is dated 13.08.2022, at about 6.30 p.m. The appellant - Rakesh Kumar Singh alongwith his associates named in the FIR, allegedly, had abused, wrongfully restrained, tried to strangulate, and had beaten up the informant/complainant – Md. Nazib Khan with a revolver and an iron rod. Learned counsel for the appellants submits that the appellants - Rakesh Kumar Singh and Varun Kumar Singh have been falsely implicated. He relies upon the judgment of this Court titled “State of West Bengal vs. Rakesh Singh @ Rakesh Kumar 1 For short, “FIR”. Crl.A. No._______/2023 @ SLP(Crl.) No. 10016/2022 etc. Digitally signed by Deepak Guglani Date: 2023.09.26 17:36:15 IST Reason:

Signature Not Verified Singh”,2 dated 11.07.2022, whereby this Court had dismissed the appeal preferred by the State of West Bengal in a case arising out of an FIR registered under the Narcotic Drugs and Psychotropic Substances Act, 1985. Our attention has also been drawn to the medico-legal report of a private hospital, dated 19.08.2022. Learned counsel for the State submits that the complainant – Md. Nazib Khan was earlier admitted in a State hospital, Kolkata on 14.08.2022 and was discharged on 18.08.2022. Learned counsel for the appellants - Rakesh Kumar Singh and Varun Kumar Singh submits that the said documents have not been placed on record. Learned counsel for the State also submits that there are 81 other cases in which the appellant - Rakesh Kumar Singh, has been implicated. Learned counsel for the appellants - Rakesh Kumar Singh and Varun Kumar Singh submits that these facts were noticed in the judgment of this Court, dismissing the appeal preferred by the State of West Bengal, referred to above. It is submitted that some cases have been lodged thereafter, but these cases are also on account of political rivalry. While we would not like to go into merits in detail, we must notice that the appellants - Rakesh Kumar Singh and Varun Kumar Singh were granted interim bail by this Court vide orders dated 30.09.2022 and 01.11.2022 respectively. The interim orders continue. We have perused the medico-legal report placed on record by the State, and note that the chargesheet has not been filed against the appellants - Rakesh Kumar Singh and Varun Kumar Singh. In the given facts and circumstances, we are of the opinion Criminal Appeal No. 923/2022. Crl.A. No._______/2023 @ SLP(Crl.) No. 10016/2022 etc. that the interim orders dated 30.09.2022 and 01.11.2022 passed by this Court should be confirmed. Thus, in the event of the appellants - Rakesh Kumar Singh and Varun Kumar Singh, being arrested, they shall be released on bail by the arresting officer/investigating officer/trial court on terms and conditions to be fixed by the trial court. In addition, the appellants - Rakesh Kumar Singh and Varun Kumar Singh will comply with the requirements/conditions under Section 438(2) of the Code of Criminal Procedure, 1973. This order will not be considered as an order expressing opinion on the merits of the case. The impugned judgment is set aside and the appeals are allowed in the aforesaid terms. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (S.V.N. BHATTI) NEW DELHI; SEPTEMBER 20, 2023. Crl.A. No._______/2023 @ SLP(Crl.) No. 10016/2022 etc. REVISED ** ITEM NO.4 COURT NO.3 SECTION II-