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Calcutta High CourtCRM (A)/740/2022allowed

Biswajit Halder @ Shaheb @ Saheb Dhar v. State Of West Bengal

2022-02-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (A) 740 of 2022 15.02.2022 Sl. 19 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.02.2022 in connection with Nabadwip P. S. Case No. 289 of 2020 dated 11.08.2020 under Section 399/402 of the Indian Penal Code. And In the matter of: Biswajit Halder @ Shaheb @ Saheb Dhar ....petitioner.

Mr. Atis Kumar Biswas Mr. Amit Singh ...for the petitioner.

Mr. Rudradipta Nandy ...for the State.

Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated. Similar First Information Report were recorded as against the petitioner and petitioner was granted anticipatory bail in all such matters. Learned advocate appearing for the State submits that the petitioner should be directed to stay outside the jurisdiction of the local police station.

It appears that the police case was initiated on August 11, 2020. The police are yet to arrest the petitioner. There are other cases against the petitioner where the petitioner was enlarged on anticipatory bail.

In such circumstances, considering the gravity of the offence and the conduct of the police subsequent to the registration of the complaint and considering the fact that the police filed chargesheet, we 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/- with two sureties of like amount each to the

satisfaction of the Arresting Officer and also 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 jurisdictional court and pray for regular bail within four weeks from date and on further condition that the petitioner shall appear before the court below on every date fixed for hearing.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 740 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)