Susanta Biswas v. State Of West Bengal

14.01.2021 Court No.28 rpan / 136 C.R.M. 150 of 2021 (Via Video Conference) In Re : Susanta Biswas

...Petitioner.

Mr. Manas Kumar Das, Mr. Asraf Mandal ....for the petitioner.

Mr. Sandip Chakraborty ....for the State.

Apprehending arrest in connection with Tehatta P.S. Case No. 570 of 2020 dated 23.12.2020 under Sections 323/376/511/506 of the Indian Penal Code, the petitioner has filed the present application.

The learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in the proceedings and there are no incriminating materials against him. As such, custodial detention of the petitioner is not necessary.

The learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the several documents in the case diary.

Having heard the learned advocates and upon considering the materials in the case diary including 164 statement of the victim, we are of the opinion that custodial detention of the petitioner is not necessary. Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties

of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that he shall meet with the Investigating Officer once a week on and from 21.01.2021 until further orders and shall stay outside the jurisdiction of Tehatta Police Station, except for the purpose of investigation.

The application for anticipatory bail, being CRM 150 of 2021 is, thus, disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)