Bikram Bala v. State Of West Bengal

19.05.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 2255 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Taherpur Police Station Case No. 117 of 2022 dated 23.03.2022 under Sections 448/326/308/354/34 of the Indian Penal Code, 1860.

And In Re : Bikram Bala ...... petitioner Ms. Sananda Bhattacharya ....for the petitioner Mr. Soumik Ganguly ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the incident occurred due to hot altercation between the parties.

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 161 of the Code of Criminal Procedure (Cr.P.C.) and the injury report of the victim.

Considering the nature of injury suffered by the victim and considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, we grant anticipatory bail to the petitioner.

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 further condition that the petitioner shall meet the Investigating Officer once in a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear every day 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bivas Pattanayak, J.)