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Calcutta High CourtCRM/1109/2021allowed

Dipchand Mandal And ORS v. State Of West Bengal And ORS.

2021-05-19Hon'Ble Justice Soumen Sen,Hon'Ble Justice Suvra Ghosh2 pages

Dl.

22.

May 19, Through Video Conference C.R.M. 1109 of 2021 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on January 27, 2021 in connection with Bashnabnagar Police Station Case No. 51 of 2020 dated January 30, 2020 under Sections 326/341/308/506/34 of the Indian Penal Code; And In the matter of : Dipchand Mandal & ors.

...petitioners.

Versus

State of West Bengal ...opposite party.

Mr. Amitava Karmakar, Mr. Arup Kumar Bhowmick, ...for the petitioners.

Mr. Arijit Ganguly, Mr. Avik Ghatak, ...for the State.

We have heard the learned advocates appearing for the parties and perused the case diary.

Upon consideration of the memo of evidence including the injury report of the victim from which it appears that nature of injury sustained by the victim does not appear to be grievous and bearing in mind the fact that charge sheet has already been submitted, we are of the view that custodial interrogation of the petitioners is not necessary.

Under such circumstances, we direct that in the event of arrest of the petitioners, namely, Dipchand Mandal, Nitai Mandal, Debashis Mandal, Uttam Mandal and Dharma Mandal, they shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer, subject to the conditions as laid down in sub-section (2) of Section 438 of the Code of Criminal

Procedure.

The application for anticipatory bail is, thus, allowed. dns ( Suvra Ghosh, J. ) ( Soumen Sen, J. )