Nirmal Pal @ Nirmal Chandra Pal v. State Of West Bengal
03.07.2024 SL No.14 Court No.29 TN (Allowed) CRM (A) 2065 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Hogalberia Police Station Case No.133 of 2024 dated 07.06.2024 under Sections 448/325/326/34 of IPC.
And In the matter of : Nirmal Pal @ Nirmal Chandra Pal and others. - petitioners.
Mr. Amanul Islam, Mr. Sourav Mukherjee .... for the petitioners.
Mr. Iqbal Kabir, Ms. Payel Ghosh ... for the State.
1. The learned Counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated due to previous grudge over property matter.
2. The learned Counsel for the State opposes the prayer.
3. Considering the materials available in the case diary, nature and extent of involvement of the petitioners in the commission of the alleged offence and the injury report which shows the nature of injury is simple, we are of the view that custodial interrogation of the petitioners is not necessary.
4. Accordingly, we direct that in the event of arrest, the petitioners, namely, Nirmal Pal @ Nirmal Chandra Pal, Seema Pal, Saraswati Pal and Mohan Pal shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also subject to the Signed By :
TANMOY NANDAN High Court of Calcutta 3 rd of July 2024 05:25:44 PM
conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner nos. 2 and 3 shall cooperate with the investigation till submission of the final report. The petitioner nos. 1 and 4 shall meet the Investigating Officer of the case once in a week or as and when required till submission of the final report. All the petitioners shall not leave the jurisdiction of Police Station Hogalberia without the permission of the IO.
5. It is further directed that the present accused petitioners shall appear before the learned Additional Chief Judicial Magistrate, Tehatta, Nadia within two weeks from date and pray for regular bail.
6. Accordingly, the application for anticipatory bail is disposed of.
7. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Uday Kumar, J.) Signed By :
TANMOY NANDAN High Court of Calcutta 3 rd of July 2024 05:25:44 PM