Bablu Mia And ANR. v. State Of West Bengal

08.04.2024 Item No.63 AD/SD Court No.28 (Allowed) C.R.M. (A) No. 1103 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No. 88 of 2024 dated 27.01.2024 under Sections 448/323/326/379/307/506/34 of the Indian Penal Code, 1860 pending before the Court of Learned Chief Judicial Magistrate, Malda. (G.R. Case No.520 of 2024) And In Re : Bablu Mia & Anr.

..... petitioners Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder Mr. A. Sarkar .....for the petitioners Mr. Bibaswan Bhattacharjee Mr. Arka Chakraborty ....for the State

1. Heard learned lawyers for the parties.

2. We have also considered the materials on record.

3. Whether the injuries are life threatening may be assessed during trial. Allegation of theft of Rs.35,000/- from the house appears to be an embellishment.

4. In view of the aforesaid facts, we are of the opinion custodial interrogation for progress of investigation is not necessary and petitioners may be granted anticipatory bail.

5. Accordingly, we direct that in the event of arrest the petitioners 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 Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of April 2024 06:13:51 PM

and on condition that they shall appear before the jurisdictional Court and pray for regular bail within a period of four weeks from date.

6. The prayer for anticipatory bail of the petitioners is allowed.

7. C.R.M. (A) No. 1103 of 2024 is disposed of. (Prasenjit Biswas, J.) (Joymalya Bagchi, J.) Signed By :

ABHIJIT DAS High Court of Calcutta 9 th of April 2024 06:13:51 PM