Bidhan Biswas v. State Of West Bengal

13.02.2024 Item No.4 Ct. No. 29 CHC Allowed C.R.M.(A) 409 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 1074 of 2022 dated 28.10.2022 under Sections 448/323/354/195A/506/34 of the Indian Penal Code, 1860.

And In the matter of : Bidhan Biswas ...... petitioner Ms. Sananda Bhattacharyya ....for the petitioner Mr. Manoranjan Mahata ....for the State Petitioner prays for anticipatory bail.

Police filed charge-sheet.

Apparently, the police complaint was lodged alleging that the petitioner before us one of the persons who assaulted the witness in a criminal case and was pressurizing de facto complaint to withdraw such criminal case. Apparently, there are proceedings pending seeking custody of minor. We perused the injury report of the injured in the present police case, we do not find that, the injury report records any external injury being suffered by the injured. In such circumstances, 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/- (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 condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. This application for anticipatory bail is, thus, allowed. CRM(A) 409 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)