Swapan Biswas And ORS. v. State Of West Bengal

24.04.2024 Item No.8 Ct. No. 29 CHC Allowed C.R.M.(A) 1074 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 97 of 2024 dated 13.02.2024 under Sections 308/325/341/506/34 of the Indian Penal Code, pending before the Learned Additional Chief Judicial Magistrate, Tehatta, Nadia.

And In the matter of : Swapan Biswas & ors.

...... petitioners Mr. Asraf Mandal ....for the petitioners Mr. Asok Deb Chatterjee ....for the State Petitioners pray for anticipatory bail.

There is a delay in lodging the Fist Information Report. Injuries suffered in the incident of assault are simple in nature.

In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitionrs shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) 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 Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 24 th of April 2024 06:37:14 PM

Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.1, namely, Swapan Biswas and petitioner no.2, namely, Nikhil Biswas @ Nikhil Roy will report before the Investigating Officer once in a week till the conclusion of investigation and petitioner no.3, namely, Subho Bala @ Subho Majumder and petitioner no.4, namely, Sikha Bala @ Shikha Choudhuri will cooperate with the investigation and on condition that the petitioners shall appear on every date 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. CRM(A) 1074 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)