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Calcutta High CourtCRM (A)/3358/2022allowed

Kanai Das v. State Of West Bengal

2022-07-15Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

C.R.M. (A) 3358 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with G.R. (E) Case No.270 of 2022 arising out of Egra Police Station Case No. 184 of 2022 dated 19/03/2022 under Sections 326/302/34 of the Indian Penal Code.

In the matter of: Kanai Das ....petitioner.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ...for the petitioner.

Mr. Neguive Ahmed, Ld. APP Mr. Iqbal Kabir ...for the State.

Petitioner prays for anticipatory bail.

(AD) 15.07.2022 Court No.29 (Allowed) Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The police filed charge sheet. Therefore, custodial interrogation of the petitioner is not required.

Learned Additional Public Prosecutor draws the attention of the Court to the statement of Swapan Kumar Bar recorded under Section 161 of the Code of Criminal Procedure. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary and considering the fact that the police filed charge sheet, we 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 also subject to the conditions as laid down under Section 438(2)

of the Code of Criminal Procedure, 1973 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.

The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 3358 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)