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Calcutta High CourtCRM (A)/3011/2022allowed

Palash Sekh @ Palash Mondal v. State Of West Bengal

2022-06-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

27.06.2022 Serial no. 27 [Dd] (Anticipatory bail) Allowed) CRM (A) 3011 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 462 of 2022 dated 09.06.2022 under Sections 341/325/326/307 of the Indian Penal Code. -AndIn the matter of : Palash Sekh @ Palash Mondal ... ... Petitioner Mr. Asraf Mondal, Advocate ... ... For the Petitioner Mr. Binay Panda, Ms. Puspita Saha,Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the incident arose out of disputes relating to the user of a pathway.

Learned advocate appearing for the State draws the attention of the Court to the statements of the injured recorded under Section 161 of the Criminal Procedure Code as well as the injury report.

Considering the gravity of the offence and the involvement of the petitioner therein and considering the nature of the injury, we are inclined to grant anticipatory bail to the petitioner.

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 also be 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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further condition that the petitioner shall appear every day 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 presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed.

CRM (A) 3011 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)