Shambhu Durlov And ORS v. State Of West Bengal

S.K/ S.M 08.06.2021 Ct. No.28 (Allowed) C.R.M. 2587 of 2021 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10/03/2021 in connection with Santipur P.S. Case No. 499 of 2020 dated 01/11/2020 under Sections 447/325/326/506/34 of the Indian Penal Code.

And In the matter of: Shambhu Durlov & Ors.

....petitioners.

Mr. Angshuman Chakraborty, Mr. Shashanka Shekhar Saha ...for the petitioners.

Mr. P. K. Datta, APP, Mr. Santanu Deb Roy ...for the State.

The application for anticipatory bail under Section 438 CrPC has been filed apprehending arrest in connection with Santipur P.S. Case No. 499 of 2020 dated 01.11.2020 under Sections 447/325/326/506/34 of the Indian Penal Code. Having considered the records of the case diary and having considered the submissions of the respective counsel, this Court notes that the petitioners had lodged a prior complaint against the de facto complainant. The FIR in the instant case arose out of an altercation between the petitioners and the de facto complainant.

In the above circumstances, this court is of the view that the petitioners are entitled to pre-arrest bail. Accordingly, in the event of arrest, the petitioners shall be released on bail subject to satisfaction of conditions under Section 438 (2) of CrPC, 1973 and upon furnishing Bond of Rs.

10,000/- (Rupees Ten Thousand Only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Investigating Officer, subject to condition that the petitioners shall appear before the trial Court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioners shall not enter the jurisdiction of the police station except for the purpose of investigation and attending Court proceedings and shall provide the address where they shall reside while on bail to the investigating officer as well as the court below and shall report to the officer-in-charge of the concerned police station within whose jurisdiction they shall reside once in a week until further orders.

The petitioners shall surrender their passport to the I.O. and if they do not poses a passport shall submit an affidavit to that effect before the I.O. In the event of arrest the petitioners fail to appear before the trial Court without any justifiable cause, the trial court shall be at liberty to cancel their bail in accordance with law without further reference to this court.

The application for anticipatory bail is, thus, disposed of. The parties shall act in terms of the copy of the order downloaded from the official website of this court. (Biswajit Basu, J.) (Rajasekhar Mantha, J.)