Order on Board

04.08.2022

1. This frst anticipatory bail application under Section 438 of the Code of Criminal Procedure has been fled by the accused/applicant who is apprehending his arrest in connection with Crime No. 62/2022 registered at Police Station Sarsiwa, District Balodabazar, CG for the ofence punishable under Sections 294, 323, 506 & 326 of IPC.

2. Case of the prosecution in brief is that the complainant has submitted a written complaint before the police station Sarsiwa to the efect that on 27.02.2022 his father threatened with death by his uncle (Tauji) over a land dispute. Further the complainant has mentioned that the accused has used the mango cutting knife at the time of incident and due to which blood was coming out of his father’s testicle. Thereafter, the FIR was registered and during the investigation Section 326 of IPC was added.

3. Learned counsel for the applicant submits that the injured and the present applicant are brothers. He further submits that the injury was received as the injured fell from stairs. He further submits that the story is false and now the matter has already been settled. Injuries is not serious to attract Section 326 of IPC and the applicant is aged about 52 years and looking to the relationship, nature of injuries, application may be allowed. He lastly submits that the applicant shall abide by all the terms and conditions which may be imposed on them while granting bail, therefore, he may be given the beneft of anticipatory bail.

4. Learned State counsel and objector oppose the application for anticipatory bail and submits that the injured was admitted in the hospital and according to his statement the present applicant assaulted on his testicles and therefore causing the grievous injuries and therefore, he may not be given the beneft of anticipatory bail.

5. Considering the facts and circumstances of the case and the looking to the entirety facts and circumstance and looking to the documents appended with the application and material collected so far, this Court fnds it to be a ft case for grant of anticipatory bail to him. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the arresting ofcer, on the following conditions:-

(a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer, (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall not involve himself in any offence of similar nature in future.

(d) he shall appear before the concerned Police Officer/Investigating Officer on 25.08.2022 and cooperate the investigation.

6. It is made clear that if any of the aforesaid conditions is violated by the appellants, the State/Objector would be free to move for cancellation of bail.