Calcutta High CourtCRM (A)/1752/2022allowed

Taraknath Dutta v. State Of West Bengal

2022-04-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

19.04.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 1752 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kotshila Police Station Case No. 13 of 2022 dated 03.02.2022 under Sections 448/323/326/307/506/34 of the Indian Penal Code, 1860.

And In Re : Taraknath Dutta ...... petitioner Mr. Pawan Kumar Gupta Mr. Sougata Mitra Ms. Sofia Nesar Ms. Ankita Dey Mr. Santanu Sett ....for the petitioner Mr. Arijit Ganguly Mr. Sanjib Kumar Daan ....for the State Petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that, two other co-accused were granted anticipatory bail by the learned Sessions Judge.

Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim and the statement recorded under Section 161 of the Code of Criminal Procedure.

Considering the fact that two other co-accused were enlarged on anticipatory bail by the Sessions Court and

considering the gravity of the offence and the involvement of the petitioner therein, 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 further condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation 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.)