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Calcutta High CourtCRM/1811/2021allowed

Subir Saha@Subir Kumar Saha v. State Of West Bengal

2021-05-24Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Bibek Chaudhuri2 pages

24.05.2021 Court No.28 rpan / 61 C.R.M. 1811 of 2021 (Via Video Conference) In Re : Subir Saha @ Subir Kumar Saha - Petitioner.

Mr. Manas Kumar Das ... for the petitioner.

Mr. Rana Mukherjee, Ms. Sujata Das ... for the State.

After filing of charge-sheet in connection with Burwan Police Station Case No.105 of 2020 dated 01.04.2020, the petitioner has preferred the instant application praying for anticipatory bail. From the submission made by the learned advocate for the petitioner as well as the learned Public Prosecutor in-charge it is asserted that charge-sheet has been submitted against thirtythree persons, out of whom seventeen persons are absconder. The petitioner is one of them.

The learned Public Prosecutor in-charge frankly submits that injury is simple in nature and no overt act has been attributed to the petitioner.

In view of such circumstances, we are inclined to grant benefit of Section 438 of the Code of Criminal Procedure to the petitioner.

Accordingly, in the event of arrest the petitioner, viz., Subir Saha @ Subir Kumar Saha shall be released on bail upon furnishing a bond of `10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the

Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail, being CRM No.1811 of 2021, is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Bibek Chaudhuri, J.) (Tapabrata Chakraborty, J.)