Som Let @ Somnath Das v. State Of West Bengal
04.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1526 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kandi Police Station Case No. 540 of 2021 dated 10.10.2021 under Sections 341/325/307 of the Indian Penal Code, 1860. And In Re : Som Let @ Somnath Das ...... petitioner Ms. Minoti Gomes Mr. J. I. Hossain ....for the petitioner Mr. Debabrata Chatterjee Ms. Mousumi Sarkar ....for the State Petitioner seeks anticipatory bail.
Learned advocate appearing for the petitioner submits that, the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.) and to the medical report of the injured.
Considering the gravity of the offence and the involvement of the petitioner therein and considering the fact that the police filed charge-sheet, we 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/-, 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 condition that the petitioner shall appear every day 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.) (Bibhas Ranjan De, J.)