Subodh Roy v. State Of West Bengal

09.09.2020 Suman/ Mithun Sl. No.21 Ct.No.11 CRM 6336 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Kotwali Police Station case No.627 of 2019 dated 27.09.2019 under Sections 323/326/307/506/34 of the Indian Penal Code.

In the matter of : Subodh Roy... Petitioner.

Ms. Jeenia Rudra, ... for the petitioner Mr. Ujjal Luksom, Mr. Tapan Bhattacharjee, ... for the State Learned Advocate for the petitioner at the inception submits that at the initial stage of the case the petitioner applied for anticipatory bail which was rejected. She further submits that in the mean time charge sheet has already been submitted. There has been change of circumstances. Learned Advocate for the petitioner additionally draws attention of this Court to the dispute regarding property between the complainant and the present petitioner.

Learned Advocate for the State is present and on query from this Court submits that the injuries so referred are simple. After hearing the submission advanced by both the parties and taking into account the changed circumstances of the case we are of the opinion that post submission of charge-sheet the

detention of the petitioner is unwarranted. As such the prayer for anticipatory bail is allowed.

In the event of arrest, the petitioner shall furnish bail bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount one of whom must be local to the satisfaction of the arresting officer of the case on condition that the petitioner shall not tamper with the evidence or intimidate the witnesses in any manner whatsoever.

The aforesaid order shall be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. The application for anticipatory bail being CRM 6336 of 2020 is disposed of.

(Samapti Chatterjee, J) (Tirthankar Ghosh, J)