Bilwamangal Halder @ Billomongal Halder v. The State Of West Bengal And ANR
05.04.2024 Item No.46 AD/SD Court No.28 (Allowed) C.R.M. (A) No. 1149 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. 161 of 2024 dated 07.03.2024 under Sections 448/354B/307/506 of the Indian Penal Code, 1860 and added Sections 376/511 of the Indian Penal Code, 1860 presently pending before the Learned Additional Chief Judicial Magistrate, Tehatta at Nadia. (S.L. No.475 of 2024) And In Re : Bilwamangal Halder @ Billomongal Halder ..... petitioner Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Poulomi Bose .....for the petitioner Mr. Rana Mukherjee, Ld. APP Ms. Payel Ghosh ....for the State
1. Petitioner submits there was a dispute amongst family members over demarcation of land. He has been falsely implicated. He prays for anticipatory bail.
2. Learned Lawyer for the State opposes the prayer for anticipatory bail.
3. We have considered the materials on record. We have also gone through the statement of the victim recorded before Magistrate. Possibility of embellishment owing to prior enmity over a land dispute cannot be ruled out.
4. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.
Signed By :
ABHIJIT DAS High Court of Calcutta 5 th of April 2024 04:36:29 PM
5. Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 condition that he 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 petitioner is allowed.
7. C.R.M. (A) No. 1149 of 2024 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :
ABHIJIT DAS High Court of Calcutta 5 th of April 2024 04:36:29 PM