Bishnu @Bishnupada Mandal v. State Of West Bengal

68.

08-10-2021 (ct. no.32) debajyoti CRM 3859 of 2021 In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No.122 of 2021 dated 1303-2021 under Sections 447/324/325/379/307/354/ 34 of the Indian Penal Code.

- A n d - In the matter of : Bishnu @ Bishnupada Mandal .... Petitioner.

Mr. Amanul Islam, Mr. Sourav Mukherjee ... For the Petitioner.

Mr. Tanmay Kumar Ghosh, Mr. Arindam Sen ... For the State.

The petitioner says that the incident is a fall out of long standing property disputes between the families of the petitioner and the defacto complainant. There was an altercation between the two groups. Two ladies suffered minor injuries. The petitioner says that he is willing to fully cooperate with the Investigating Officer.

We have seen the statements of witnesses in the Case Diary and the medical report. The injury suffered by the victims is simple in nature.

On an overall assessment of the material on record and the facts and circumstances of the case, we are of the opinion that there is no requirement of immediate custodial interrogation of the petitioner so long as he cooperates with the Investigating Officer.

Accordingly, in the event of arrest, the petitioner, namely, Bishnu @ Bishnupada Mandal, shall be released on

bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer. The petitioner shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure. The petitioner shall meet the Investigating Officer of this case once in every fortnight till completion of the investigation. In the event the petitioner fails to adhere to any of the conditions stipulated above, the learned Court below will be at liberty to cancel the anticipatory bail without further reference to this Court.

The application for anticipatory bail being CRM 3859 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. ( Bivas Pattanayak, J. ) ( Arijit Banerjee, J. )