Calcutta High CourtCRM (A)/763/2022allowed

Pratap Biawas And Others v. State Of West Bengal And ORS.

2022-03-21Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

CRM (A) 763 of 2022 21.03.2022 Sl. 101 Court No.29 suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur P.S. Case No. 28 of 2022 dated 05/02/2022 under Sections 341/325/326/427/34 of the Indian Penal Code.

And In the matter of: Pratap Biswas & Ors.

....petitioners.

Mr. Asraf Mandal ...for the petitioners.

Mr. Partha Pratim Das.

Ms. Manasi Roy ...for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that the petitioners were customers at a restaurant. Since the petitioners complaint with regard to the quality of the food and services rendered, there was a hot altercation which led to the incident.

Learned Advocate appearing for the State draws the attention of the Court to the injury report of the victim. Considering the gravity of the offence and the involvement of the petitioners therein, 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/- (Rupees Ten Thousand Only) each with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioners will report before the Investigating Officer once in

a month till the conclusion of the investigation and on condition that the petitioners shall appear every day 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.

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

CRM (A) 763 of 2022 is, thus disposed of.

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