Calcutta High CourtCRM/2932/2021disposed

Basanti Payra And ANR v. State Of West Bengal

2021-09-20Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

CRM 2932 of 2021 20.09.2021 Court No.32 Item No.65 (ALLOWED) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 22.03.2021 in connection with Belda Police Station Case No. 282 of 2020 dated 02.12.2020 under Sections 447/323/325/307/354/506/34 of the Indian Penal Code (G.R. Case No. 619 of 2020);

ab/akd And In the matter of : Basanti Payra and another.

...Petitioners.

Mr. Amal Krishna Samanta.

...For the Petitioner.

Mr. Prasun Kumar Dutta, Mr. Prantick Bose.

... For the State.

The petitioners say that the incident was a fall out of property disputes between two families. The petitioners did not indulge in any criminal activity.

We have seen the statements of witnesses in the case diary. We have seen the medical report. The injury suffered by the victim is not very serious.

Considering the nature of the allegation and the extent of possible complicity of the petitioners in the alleged offence, we are of the view that immediate custodial interrogation of the petitioners may not be necessary so long they cooperate with the Investigating Officer.

Accordingly, in the event of arrest, the petitioners, namely, Basanti Payra and Chitali Ghosh, shall be released on bail upon furnishing a bond of Rs. 10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and shall abide by the conditions laid down in Section 438 (2) of the Code of Criminal Procedure until further

orders.

In the event the petitioners fail to adhere to any of the conditions stipulated in Section 438 (2) of the Code of Criminal Procedure, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court. The application for anticipatory bail being CRM 2932 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )