← Library
Calcutta High CourtCRM (A)/90/2023allowed

Sripati Karmakar v. State Of West Bengal

2023-01-10Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

10.01.2023 Serial no. 30 [Dd] (Anticipatory bail) Allowed) CRM (A) 90 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Malda Police Station Case No. 198 of 2022 dated 13.05.2022 under Sections 448/325/308/34 of the Indian Penal Code corresponding to G.R. Case No. 2826 of 2022.

-AndIn the matter of : Sripati Karmakar ... ... Petitioner Mr. Tapan Datta Gupta, Mr. Parvej Anam, Ms. N. Begam, Advocates ... ... For the Petitioner Mr. Sudip Kumar, Advocate ... ...For the State The injury report suggests that the victim did not suffer any external injuries. The police complaint was lodged one month after the date of the incident.

Police filed charge sheet.

In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only), 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 appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the

petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 90 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)