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Calcutta High CourtCRM (A)/583/2022allowed

Surajit Sarkar v. State Of West Bengal

2022-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

07.02.2022 Serial no. 27 Dd CRM (A) 583 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliganj Police Station Case No. 336 of 2021 dated 27.06.2021 under Sections 447/325/326/307/34 of the Indian Penal Code. -AndIn the matter of : Surajit Sarkar ... Petitioner Mr. Prabir Majumder, Mr. Snehansu Majumder, Advocates ... ... For the Petitioner Mr. Bidyut Kumar Roy, Ms. Sima Biswas, Advocates ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the police complaint is a result of a boundary dispute. The police filed charge sheet and, therefore, custodial interrogation of the petitioner is not required. He submits that other co-accused was granted bail by the jurisdictional Court.

Considering the fact that police filed charge sheet and considering the fact that the jurisdictional Court granted bail to the other co-accused, 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 before the Court below and pray for regular bail within a period of four weeks from date and on further condition that the petitioner shall appear before the jurisdictional Court on every date fixed for hearing.

Prayer for anticipatory bail is allowed.

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