Shyampada Manna v. State Of West Bengal

07.06.2022 Sl. No.65 akd [ALLOWED] C. R. M. (A) 2371 of 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 18.05.2022 in connection with Debra Police Station Case No. 185 of 2022 dated 18.04.2022 under Sections 498A/323/307/506 of the Indian Penal Code.

And In Re: Shyampada Manna ... ... Petitioner Mr. Nandadulal Bandyopadhyay Mr. Samit Kumar Maity Datta ... ... for the petitioner Mr. Saswata Gopal Mukherjee .. Ld. Public Prosecutor Mr. Aniket Mitra ... ... for the State It is submitted on behalf of the petitioner allegation of attempting to murder the housewife is out and out false. Learned advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Allegations of torture are general and omnibus in nature. Allegation of attempt to murder the housewife is not supported by medical papers. Under such circumstances, we are of the opinion custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Shyampada Manna, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also 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 appear before the court below and pray for regular bail within four weeks from date.

The application for anticipatory bail is, thus, disposed of. (Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)