Bheem @ Bhim Das And ANR v. State Of West Bengal And ANR
19.04.2024 SL No. 76 Ct No. 29 SB C.R.M. (A) 1360 of 2024 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Palashipara P.S. Case No.
of dated 06.04.2024 under Sections 448/323/376/511/506/34 of the Indian Penal Code. And In the matter of: Bheem @ Bhim Das & Anr.
....Petitioners Mr. Amanul Islam Mr. Sourav Mukherjee ...for the Petitioners Mr. Avishek Sinha Mr. Rahul Ganguly ...for the State
1. There is apparently pre-existing dispute between the private parties.
2. Statement of the de facto complainant recorded under Section 164 of the Cr.P.C. remains largely uncorroborated at this stage, de facto complainant refused medical examination.
3. Under such circumstances, we grant anticipatory bail to the petitioners.
4. Accordingly we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- 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. The petitioners shall appear before the Investigating Officer once in a week till the conclusion of the investigation. 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 Signed By :
SRIMANTA MAJI High Court of Calcutta 19 th of April 2024 05:50:25 PM
presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.
5. The application for anticipatory bail is, thus, allowed.
6. C.R.M (A). 1360 of 2024 is disposed of.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
SRIMANTA MAJI High Court of Calcutta 19 th of April 2024 05:50:25 PM