Nilratan Adhikary And ANR. v. State Of West Bengal

27.09.2021 tkm/ct 29 C.R.M. 6393 of 2021 sl no. 43 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Balurghat P.S Case no. 217 of 2021 dated 24.4.2021 under sections 448/323/325/307/506/34 of the IPC And Allowed In Re : Nilratan Adhikary & Anr.

...... petitioners Busra Khatoon ...... for the petitioners Mr. Prasun Kr. Datta Mr. P Ganguly ...... for the State Petitioners seek anticipatory bail.

Learned advocate for the petitioners submits that the police complaint is the result of the long-standing dispute with regard to an immovable property between the family of the de facto complainant and the petitioners. He submits that since police concluded investigation and submitted charge sheet, custodial interrogation of the petitioners is not necessary. Learned advocate for the State draws the attention of this Court to the contents of the case diary.

Considering the materials in the case diary and considering the nature of allegation against the petitioners, we are inclined to 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 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973. Petitioners shall appear before the jurisdictional court and pray for regular bail within four weeks from date.

The application being CRM 6393 of 2021 is disposed of. (Ananda Kumar Mukherjee, J.) (Debangsu Basak, J.)