Calcutta High CourtCRM (A)/1939/2022partly allowed

Sudhamay Debnath And ORS v. State Of West Bengal

2022-04-28Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

28.04.2022 Ct. No. 29 KAUSHIK Partly Allowed C.R.M.(A) 1939 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hogalberia Police Station Case No. 131 of 2022 dated 18.04.2022 under Sections 341/325/326/34 of the Indian Penal Code, 1860.

And In Re : Sudhamay Debnath & Ors.

...... petitioners Ms. Minoti Gomes Mr. Amanul Islam Mr. Sourav Mukherjee ....for the petitioners Mr. Abhra Mukherjee Mr. Dipankar Mahata ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the petitioner no. 3 was arrested and, therefore, the present application be treated as 'dismissed as not pressed' so far as the petitioner no. 3 is concerned.

In such circumstances, CRM(A) 1939 of 2022 is dismissed as not pressed so far as the petitioner no. 3 (Santana Debnath) is concerned.

Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary.

Considering the gravity of the offence and the nature of injury suffered by the victim and considering the involvement of the petitioner nos. 1, 2 and 4 in the incident, we grant anticipatory bail to the petitioner nos. 1 (Sudhamay Debnath), 2 (Pranab Debnath) and 4 (Pijush Debnath).

Accordingly, we direct that in the event of arrest the petitioner nos. 1, 2 and 4 shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)