Binoy Halder v. State Of West Bengal

15.02.2022 Serial no. 07 Dd CRM(A) 718 of 2022 In re : An Application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhaniakhali Police Station Case No. 268 of 2021 dated 18.12.2021 under Sections 498A/406/307/34 of the Indian Penal Code -AndIn the matter of : Binoy Halder ... Petitioner Mr. Debabrata Acharyya, Ms. Sital Samanta, Mr. Sandip Bhagat ... ... For the Petitioner Mr. Tanmoy Kr. Ghosh, Ms. Sonali Bhar, Advocate Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. The mother of the petitioner was granted anticipatory bail by this Hon'ble Court. The complaint was lodged one and half months subsequent to the incident. Both the de facto complainant and the petitioner are Assistant professor of the same college. Learned advocate appearing for the State draws the attention of the Court to the statements recorded under Section 161 of the Criminal Procedure Code.

Considering the gravity of the offence and the involvement of the petitioner therein, 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 meet the Investigating Officer once in a month till completion of investigation.

Prayer for anticipatory bail of the petitioner is allowed.

CRM(A) 718 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)