Calcutta High CourtCRM/702/2021allowed

Chandana Biswas v. State Of West Bengal

2021-04-09Hon'Ble Justice Soumen Sen,Hon'Ble Justice Tirthankar Ghosh2 pages

09.04.2021 Item No.248 Ct.No.28 dc.

Allowed C.R.M. 702 of 2021 (Via Video Conference) In Re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure.

And In Re :

Chandana Biswas ... Petitioner.

Mr. Kallol Kumar Basu, Mr. Jannat ul Firdous ... For the Petitioner.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Apprehending arrest in connection with Airport P.S. Case No. 170 of 2020 dated 05.10.2020 under Sections 341/326/307/506/34 of the Indian Penal Code, the present application has been preferred.

It has been submitted that there is a case and counter-case between the parties and there is a dispute regarding selling of betel nuts.

The learned advocate for the State produces the case diary and draws the attention of this Court to the injury report.

We have perused the materials and we find that investigation of the case has already been concluded although the injury report reflects that there were six

stitches. Having regard to the fact that investigation of the case has already been concluded, custodial detention of the petitioner is not warranted.

Accordingly, we allow the application for anticipatory bail and direct that in the event of arrest, the petitioner, namely, Chandana Biswas 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. The petitioner shall attend the court regularly on the dates so fixed and any hindrance committed by her, would entitle the learned jurisdictional court to cancel the bail of the petitioner without further reference to this Court.

The application for anticipatory bail, being CRM 702 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Soumen Sen, J.)