Digen Das Bairagya v. State Of West Bengal

13.02.2023 Serial no. 23 [Dd] (Anticipatory bail) Allowed) CRM (A) 632 of 2023 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Murutia Police Station Case No. 22 of 2023 dated 27.01.2023 under Sections 341/354/376/511 of the Indian Penal Code. -AndIn the matter of : Digen Das Bairagya ... ... Petitioner Ms. Minoti Gomes, Mr. Asraf Mandal, Advocates ... ... For the Petitioner Mr. Anowar Hossasin, Ms. Ratna Ghosh, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

There is a previous police compliant. There are property disputes between the private parties.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code. The statement of the victim recorded under Section 164 of the Criminal Procedure Code does not name the petitioner. Read with the police complaint, it can be discerned that the victim is referring to the petitioner.

There is an issue of false implication involved. In such circumstances, 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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 632 of 2023 is disposed of.

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