Goutam Roy v. State Of West Bengal

CRM(A) No.168 of 2022 Via video conference 01.02.22 (S.R.) Sl.62 Ct.32 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Kharagpur (Local) Police Station Case No.801 of 2021 dated 20/10/2021 under Sections 448/325/307/379/427/506/34 of the Indian Penal Code (G.R. No.3016 of 2021);

And In re: Sri. Goutam Roy ... petitioner.

Mr. Tanmay Basu ... for the petitioner.

Mr. Arijit Ganguly Ms. Sujata Das ...for the State.

Heard the learned lawyer for the petitioner and perused the case diary.

We have also perused the statements of the witnesses. No injury report is there. Nothing transpires from the statements of the witnesses to the extent that there was a physical assault. The allegation seems to be not corroborated by available materials. Since, charge sheet has been filed custodial detention for interrogation is not necessary.

Therefore, we are inclined to allow anticipatory bail on furnishing a bond of Rs.10,000/- 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.

It is further directed that the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever. It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned trial court would be at liberty to cancel his bail without any further

reference to this Court.

The application for anticipatory bail being CRM(A) No.168 of 2022 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Sugato Majumdar, J.) (Tapabrata Chakraborty, J.)