Goutam Kabartta v. The State Of West Bengal
C.R.M. (A) 1635 of 2024 10.05.2024 DL-3 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Khatra Police Station Case No.16 of 2024 dated 03.03.2024 under Sections 448/323/326/448/354/506/109 of the Indian Penal Code, 1860, which is currently pending in the Court of the Learned Additional Chief Judicial Magistrate, Khatra as with Khatra SubDivision G.R. Case No.164 of 2024. And In the matter of: Goutam Kabartta ....petitioner.
Mr. Rhiddhiman Mukherjee Mr. Arkaprabho Roy ...for the petitioner.
Mr. Atif Ahmed Siddiqui ... for the State.
1. Apparently, an incident of altercation gave rise to assault. Two persons suffered injuries in such assault. None of the injuries were classified as grievous hurt.
2. Issue as to whether, there was an outraging of modesty, may be decided at the trial.
3. In such circumstances, we grant anticipatory bail to the petitioner.
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/- (Rupees Ten Thousand Only), with two sureties of like amount each, to the satisfaction of the Arresting Officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a week till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the Signed By :
ABHIJIT DAS High Court of Calcutta 11 th of May 2024 03:45:46 AM
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.
5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.
6. C.R.M. (A) 1635 of 2024 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
ABHIJIT DAS High Court of Calcutta 11 th of May 2024 03:45:46 AM