Calcutta High CourtCRM (A)/3231/2022allowed

Menoka Swarnakar And ANR v. State Of West Bengal

2022-07-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

08.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3231 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bamangola Police Station Case No. 114 of 2022 dated 22.04.2022 under Sections 448/323/354/326/506/34 of the Indian Penal Code.

And In Re : Menoka Swarnakar & Anr.

...... petitioners Mr. Mrityunjoy Chatterjee Md. G. N. Imrohi ....for the petitioners Ms. Anasuya Sinha Ms. Jonaki Saha ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, the incident arose out of property disputes. He refers to the contents of the First Information Report. Learned advocate appearing for the State draws the attention of the Court to the injury report of the victim. Considering the nature of injury suffered by the victim, the gravity of the offence and the involvement of the petitioners therein, we grant anticipatory bail to the petitioners. Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioner no. 1 (Menoka Swarnakar) shall cooperate with the Investigating Officer till the conclusion of the investigation and petitioner no.

(Krishna Swarnakar) shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)