Goutam Biswas v. The State Of West Bengal

05.07.2024 Court No.29 Item No. 16 Allowed ar CRM (A) 2045 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection withChakdah Police Station Case No. 541 of 2024 dated 16.05.2024 corresponding to S.L No. 1040 of 2024 under Sections 325/308/379/506/34 of the Indian Penal Code.

And In Re: Goutam Biswas Petitioner Mr. Palash Bapari For the Petitioner Mr. Santanu Jalukdar For the State

1. Heard the learned counsel appearing for the parties.

2. The State has clarified that the name of the accused person, Goutam Biswas, upon verification of the Aadhar Card and the statement of the complainant.

3. Considering the materials available in the case diary and the injury report and the nature and extent of the petitioner in the commission of the alleged offence and having regard to the fact that a co-accused has been enlarged on bail, we are of the view that custodial interrogation of the petitioner is not necessary.

4. Accordingly, we direct that in the event of arrest, the petitioner namely, Goutam Biswas shall 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, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall meet the Investigating Officer once in a week or as and when called for till the submission of the Signed By :

AMITAVA ROY High Court of Calcutta 5 th of July 2024 05:59:55 PM

final report and on further condition that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, at Kalyani within two weeks from date in connection with S.L No. 1040 of 2024. In the event of non-compliance of any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed and the same is accordingly 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) Signed By :

AMITAVA ROY High Court of Calcutta 5 th of July 2024 05:59:55 PM