Haripada Haldar v. State Of West Bengal

C.R.M. (A) 3263 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Mandir Bazar Police Station Case No. 170 of 2022 dated 21.05.2022 under Sections 468/406 of the Indian Penal Code corresponding to G.R. Case No.1548 of 2022.

And In the matter of: Haripada Haldar ....petitioner.

Mr. Pankaj Halder ...for the petitioner.

Mr. Angshuman Chakraborty ...for the State.

11.07.2022 Sl. 15 Court No.29 (AD) (Allowed) Petitioner prays for anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. He submits that the petitioner does not possess any title deed. There are civil disputes between the private parties.

Learned Advocate appearing for the State submits that the petitioner did not comply with the notice under Section 41A of the Code of Criminal Procedure. The original deed is yet to be seized.

Learned Advocate appearing for the petitioner, on specific instructions, submits that the original deed is not with his client. There are elements of civil disputes between the private parties.

In such circumstances, it would be appropriate 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 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 fortnight 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 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 3263 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)