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Calcutta High CourtCRM (A)/526/2024allowed

Kamal Krishna Acharya And ANR v. State Of West Bengal

2024-02-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

19.02.2024 Serial no. 20 Anticipatory Bail [Allowed] Dd CRM (A) 526 of 2024 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhadreswar Police Station Case No. 26 of 2024 dated 17.01.2024 under Sections 420/406/323/504/506/379/34 of the Indian Penal Code, 1860.

(G.R. Case No. 123/2024) -AndIn the matter of: Kamal Krishna Acharya & Anr. ... ... Petitioners Mr. Sauradeep Dutta, Advocate ... ... For the Petitioners Mr. Saibal Bapuli, APP Mr. Goutam Wilson, Advocates ... ...For the State Notice under Section 41A of the criminal Procedure Code was complied with.

Present police complaint was lodged 1 month after the incident through a petition under Section 156(3) of the Criminal Procedure Code.

There is no injury report in the case diary.

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/- (Rupees Ten Thousand Only) 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 no. 1 shall report before

the Investigating Officer once in a month till the conclusion of the investigation and petitioner no. 2 shall cooperate with the investigation till its completion and on further 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.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 526 of 2024 is disposed of.

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