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Calcutta High CourtCRM/246/2021allowed

Biswajit Tikadar v. State Of West Bengal

2021-01-20Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh1 pages

CRM No.246 of 2021 20.01.21 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Karimpur Police Station Case No.263 of 2020 dated 12.11.2020 under Sections 341/325/326/34 of the Indian Penal Code;

(S.R.) Sl.216 Ct.28 And In re: Biswajit Tikadar ... petitioner.

Mr. Arindam Jana Mr. Asraf Mondal ... for the petitioner.

Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das Mrs. Manasi Roy ...for the State.

Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated and in view of the nature of allegations, custodial detention of the petitioner is not necessary. Mr. Das, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to several documents in the case diary.

Having heard the learned advocates and considering the materials in the case diary, the injury reports, we are of the opinion that custodial detention of the petitioner is not warranted. Accordingly, we direct that in the event of arrest, the petitioner, namely, Biswajit Tikadar, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, 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 a further condition that the petitioner shall meet the investigating officer twice in a week on and from 25th January, 2021, until further orders.

Accordingly, the application for anticipatory bail being CRM No.246 of 2021, is allowed.

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