Amit Kr. Singh And ANR. v. State Of West Bengal

95.

25-08-2021 (ct. no.32) debajyoti CRM 2984 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kulti Police Station Case No.428 of 2019 dated 11-10-2019 under Sections 467/468/471/420 of the Indian Penal Code.

- A n d - In the matter of : Amit Kumar Singh & Anr.

.... Petitioners.

Ms. Sreyashee Biswas, Ms. Puja Goswami ... For the Petitioners.

Mr. Swapan Banerjee, Mr. Rana Mukherjee, Ms. Sujata Das, Mr. Suman De, Mrs. Debjani Sahu ... For the State.

Mr. Navanil De ... For the defacto-complainant.

The allegation against the petitioners is under Sections 467/468/471/420 of the Indian Penal Code. Besides learned counsel for the petitioners and the State, the defacto-complainant is also present in Court. It is submitted on behalf of the defacto-complainant that the dispute between the parties has been amicably settled and he has instructions not to proceed with the present complaint. An affidavit to that effect has been sworn by the defacto-complainant which is on record. In view of the fact that the matter has been amicably settled between the parties, we are inclined to hold that there is no necessity for custodial interrogation of the petitioners and they may be granted anticipatory bail.

Accordingly, in the event of arrest, the petitioners shall be released on bail upon furnishing bonds of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioners shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure.

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 of this Court.

The application for anticipatory bail being CRM 2984 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. ( Suvra Ghosh, J. ) ( Shivakant Prasad, J. )