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Calcutta High CourtCRM (A)/85/2022allowed

Binod Singha Roy v. State Of West Bengal

2022-01-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

25.01.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 85 of 2022 (through Video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 651 of 2021 dated 10.11.2021 under Sections 341/323/307/506 of the Indian Penal Code, 1860.

And In Re : Binod Singha Roy ...... petitioner Mr. Soumyajit Das Mahapatra ....for the petitioner Mr. Madhusudan Sur Mr. Dipankar Pramanick ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner is a tenant while the de-facto complainant is the landlord. There is civil suit pending. There is also a counter-case in respect of the same incident. Learned advocate appearing for the State draws the attention of the Court to the injury report.

Considering the fact that there are civil disputes between the private parties and considering the gravity of the offence and the involvement of the petitioner therein, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of

Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear before the jurisdictional court on every date fixed and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)