Paran Paloi And ANR v. State Of West Bengal

05.08.2021.

315.

Akd/As (Allowed) C.R.M. 1628 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk P.S. Case No.58 of 2021 dated 22.01.2021 under Sections 341/323/325/379/506/34/427 of the Indian Penal Code. In the matter of : Paran Paloi & Anr.

... Petitioners.

Mr. Amitabha Karmakar, Mr. Kallol Mondal, Mr. Krishan Ray, Mr. Arup Kr. Bhowmick.

.....for the Petitioners.

Mr. S. S. Imam, Mr. Arabinda Manna.

.....for the State.

Ms. Minoti Gomes, Mr. A. Dasgupta.

....for the de-facto complainant.

Apprehending arrest in connection with Tamluk P.S. Case No.58 of 2021 dated 22.01.2021 under Sections 341/323/325/379/506/34/427 of the Indian Penal Code, the petitioners have filed the instant application for anticipatory bail.

There is a long drawn family dispute between the petitioners and the de-facto complainant, even a partition suit in relation to a joint property is pending before the Civil Court. The present case has been filed against the petitioners alleging the assault as well as taking away of the money from the possession of the de-facto complainant.

We had an occasion to peruse the injury report. We do not find that the injury is grievous in nature. Therefore, custodial interrogation of the petitioners is not at all necessary. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.5,000/- each, with two sureties of like amount each, one of whom must be local, subject to the satisfaction of the arresting officer and on conditions as enshrined under Section 438(2) of the Code of Criminal Procedure, 1973.

This application for anticipatory bail is, thus, allowed. The application for anticipatory bail, being CRM 1628 of 2021, is thus disposed of.

(Harish Tandon, J.) (Bibek Chaudhuri,J.)