Calcutta High CourtCRM/3026/2021allowed

Salku Baskey@ Shalku Baskey v. State Of West Bengal

2021-09-22Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Bivas Pattanayak2 pages

65.

22-09-2021 (ct. no.32) debajyoti CRM 3026 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Habibpur Police Station Case No.422 of 2019 dated 0812-2019 under Sections 341/323/325/308/379/506 of the Indian Penal Code.

- A n d - In the matter of : Salku Baskey @ Shalku Baskey .... Petitioner.

Mr. Tapan Dutta Gupta, Mr. Parvej Anam ... For the Petitioner.

Mr. Arijit Ganguly, Mr. Avik Ghatak ... For the State.

The petitioner says that the incident relates to a civil dispute. The victim wanted to buy the petitioner's land and made advance. Subsequently, the victim said that he was going back on the deal and demanded back the money from the petitioner. This led to a quarrel and altercation in which the victim got injured. The petitioner had no criminal intent. We have seen the injury report. The injury suffered by the victim was simple in nature. We have also considered the statements of witnesses on record. Charge Sheet has been submitted.

Considering the nature and gravity of the alleged offence and the simple nature of injury suffered by the victim, we are of the view that immediate custodial interrogation of the petitioner may not be necessary.

Accordingly, in the event of arrest, the petitioner, namely, Salku Baskey @ Shalku Baskey, shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten

Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. In the event the petitioner fails 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 3026 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. )