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Calcutta High CourtCRM (A)/3201/2022allowed

Shankar Dayal Thakur v. State Of West Bengal

2022-07-07Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De3 pages

07.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3201 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 512 of 2022 dated 20.05.2022 under Sections 341/323/325/326/307/34 of the Indian Penal Code, 1860.

And In Re : Shankar Dayal Thakur ...... petitioner Mr. Soupal Chatterjee Ms. Sucheta Banerjee ....for the petitioner Mr. S. S. Imam Mr. S. Kundu Mr. A. Manna ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, there is a longstanding dispute between the private parties. He refers to the order passed under Section 144 of the Code of Criminal Procedure (Cr.P.C.) with regard to an immovable property. He submits that, the present police case is a counter-blast to the steps taken by the petitioner. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary.

Considering the nature of injury suffered by the victim and considering the materials in the case diary, we 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/-, 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 meet the Investigating Officer once a month till the conclusion of the investigations 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)