Calcutta High CourtCRM (A)/1257/2024allowed

Indralal Pramanik And ANR. v. State Of West Bengal

2024-04-18Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

18.04.2024 Item No.56 Ct. No. 29 CHC Allowed C.R.M.(A) 1257 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bowbazar Police Station Case No. 234/2023 dated 30.11.2023 under Sections 384/506/354/509/34 of the Indian Penal Code, pending before the Learned Additional Chief Metropolitan Magistrate-II, Kolkata.

And In the matter of : Indralal Pramanik & anr.

...... petitioners Ms. Pampa Dey (Dhabal), Ms. Sangita Banerjee ....for the petitioners Mr. Avishek Sinha, Mr. Arif Ekbal Molla ....for the State Petitioners pray for anticipatory bail.

There is an issue of false implication of the petitioner in view of the fact that, petitioner filed a writ petition being WPA No.26607 of 2023 complaining of unauthorized construction of a hotel.

Materials in the Case Diary do not suggest requirement of placing the petitioners in custody at this stage. In such circumstances, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners 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 18 th of April 2024 05:37:47 PM

Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners will report before the Investigating Officer once in a fortnight till the conclusion of 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) 1257 of 2024 is disposed of.

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