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Calcutta High CourtCRM (A)/2567/2023allowed

Dip Biswas v. State Of West Bengal

2023-07-06Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta1 pages

06.07.2022 tkm/ct 28 C.R.M. (A) 2567 of 2023 sl no. 14 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Hanskhali P.S case no. 296 of 2023 dated 6.4.2023 under sections 326/30734 IPC And Allowed In Re : Dip Biswas ...... petitioner Mr. S Das ...... for the petitioner Mr. S Bapuli Mr. Soumik Ganguli ...... for the State It is submitted on behalf the petitioner that he is not the principal accused. He prays for anticipatory bail. Learned lawyer for the State opposes the prayer for anticipatory bail. He submits that the victim suffered injury in the eye.

We have considered materials on record including the statements of the victim. Though the petitioner was present at the place of occurrence, he had not assaulted the victim. Keeping in mind the extent of complicity of the petitioner in the crime, we are inclined 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/- 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.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

The application being CRM (A) 2567 of 2023 is disposed of. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)