Picklu Mistri v. State Of West Bengal
16.02.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 671 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No. 12 of 2023 dated 31.01.2023 under Sections 448/307/354 of the Indian Penal Code, 1860.
And In Re : Picklu Mistri @ Raja Mistri ...... petitioner Mr. Amanul Islam, Mr. Sourav Mukherjee ....for the petitioner Mr. Pravas Bhattacharya, Mr. Mirza Firoj Ahmed Begg ....for the State Petitioner pray for anticipatory bail.
Apparently, there is a pre-existing disputes between the private parties.
The materials on the case diary does not suggest requirement of custodial interrogation of the petitioner. 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 meet the Investigating Officer once in a month till the conclusion of investigation 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. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)