Sankar Maity v. State Of West Bengal

16.05.2024 SL No.5 Court No.8 (gc) (Allowed) CRM (A) 1651 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Pingla Police Station Case No.91 of 2024 dated 10.04.2024 under Sections 341, 323, 307, 354B, 506, 509 & 34 of the Indian Penal Code, 1860. And In the matter of : Sankar Maity - Petitioner.

Mr. Siddhartha Sarkar, Mr. Hirak Roy ... For the Petitioner.

Mr. Sudip Kumar, Mr. Soumya Basu Roy Chowdhury ... For the State.

1.

The learned Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated by the de-facto complainant.

2. The learned Counsel for the State in opposing the prayer for anticipatory bail has referred to the statement of the victim recorded under Section 164 of the Cr.P.C. and the injury report.

3.

Considering the materials available in the case dairy, the seriousness of the injury and the involvement of the petitioner in the commission of the alleged offence, we are

of the view that the custodial interrogation of the petitioner is not necessary.

4.

Accordingly, we direct that in the event of arrest, the petitioner, namely, Sankar Maity, be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, 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. It is further directed that the present accused petitioner shall meet the Investigating Officer of this case twice in a week and shall not leave the territorial jurisdiction of the learned Trial Court till submission of the final report except with the permission of the jurisdictional court.

5.

The application for anticipatory bail is, thus, disposed of. 6.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.)