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Calcutta High CourtCRM (A)/532/2023allowed

Nrisingha Dutta @ Khokon And ORS v. State Of West Bengal

2023-02-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

07.02.2023 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 532 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dhubulia Police Station Case No. 19 of 2023 dated 13.01.2023 under Sections 448/323/326/307/34 of the Indian Penal Code. And In Re : Nrisingha Dutta @ Khokon & Ors.

...... petitioners Ms. Karabi Roy ....for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Daan ....for the State Apparently, there was a free fight between the private parties with regard to a property dispute. Petitioner also suffered injuries.

The injury report of the injured in the present police case, apparently, does not suggest that the injured suffered grievous hurt.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 nos. 1 (Nrisingha Dutta @ Khokon) and 2 (Tapan Dutta @ Tapan Kumar Dutta) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and petitioner no. 3 (Rubi Dutta @ Rubi Dutta (Das) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)