Calcutta High CourtCRM (A)/1923/2022allowed

Samar Mal v. State Of West Bengal

2022-04-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

C.R.M. (A) 1923 of 2022 27.04.2022 Sl. 33 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Margram Police Station Case No. 76 of 2022 dated 12.04.2022 under Sections 341/323/325/308/34 of the Indian Penal Code. And In the matter of: Samar Mal ....petitioner.

Mr. Angshuman Chakrabarty Mr. Shashanka Shekhar Saha ...for the petitioner.

Mr. Bidyut Kumar Roy Ms. Sima Biswas ...for the State.

Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the incident arose out of cutting of crops in the field. Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim and the materials in the case diary.

Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the nature of injury suffered by the victim, 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/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before 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. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 1923 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)