Shantanu Pal And ORS. v. State Of West Bengal

18.04.2024 Item No.50 & 58 Ct. No. 29 CHC Allowed C.R.M.(A) 1244 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uttarpara Police Station Case No. 63 of 2024 dated 11.02.2024 under Sections 341/325/379 of the Indian Penal Code, pending before Serampore Learned Additional Chief Judicial Magistrate, Court.

And In the matter of : Shantanu Pal & ors.

...... petitioners with C.R.M.(A) 1259 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Uttarpara Police Station Case No. 63 of 2024 dated 11.02.2024 under Sections 447/195A/323/354B/379/452/324/509/34 of the Indian Penal Code, pending before Serampore Learned Additional Chief Judicial Magistrate, Court.

And In the matter of : Subhashish Roy & anr.

...... petitioners Mr. Sujoy Sarkar, Mr. Prosenjit Biswas, Mr. Rahul Chachan ....for the petitioners in CRM(A)/1244/2024 and in C.R.M.(A)/1259/2024 Ms. Sayanti Santra, Mr. Soumen Chatterjee ....for the State in CRM(A)/1244/2024 Ms. Sreyashee Biswas, Mr. Rajat Kr. Dhar ....for the State in CRM(A)/1259/2024 Two applications are taken up for analogous consideration as they both emanate from the same police case. Signed By :

CHINMOY CHAKRABORTY High Court of Calcutta 19 th of April 2024 12:11:17 PM

Apparently, an incident of assault took place, where the injuries suffered were not classified as grievous hurt. In fact, no visible bruises were found on the body of the injured.

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 Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.1, namely, Shantanu Pal, petitioner no.2, namely, Samiran Pal in CRM(A) 1244 of 2024 and petitioner no.1, namely, Subhashish Roy in CRM(A) 1259 of 2024 will report before the Investigating Officer once in a fortnight till the conclusion of investigation and petitioner no.3, namely, Purnalakhmi Pal, petitioner no.4, namely, Sharmistha Pal in CRM(A) 1244 of 2024 and petitioner no.

2, namely, Tanushree Roy in CRM(A) 1259 of 2024 will cooperate with the investigation and on further 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) 1244 of 2024 and CRM(A) 1259 of 2024 are disposed of.

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