Calcutta High CourtCRM (A)/3415/2022allowed

Partha Sen v. State Of West Bengal

2022-07-19Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

19.07.2022 Serial no.10 Aloke CRM (A) 3415 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Kharagpur (Local) Police Station Case No. 329 of 2022 dated 28.04.2022 under Sections 447/325/307/506/34 of the Indian Penal Code. -AndIn the matter of : Partha Sen ... ... Petitioner Mr. Kallol Mondal, Advocate Mr. Debasis Mitra, Advocate Mr. Pronojit Roy, Advocate ... ... For the Petitioner Mr. Bidyut Kr. Roy, Advocate Ms. Rita Datta, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that there is a counter police case. There are civil disputes between the private parties.

Learned Advocate appearing for the State draws the attention to the injury report of the victim and the statement recorded under Section 161 of the Code of Criminal Procedure of an eye witness.

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 nature of the offence suffered by the victim, 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/- (Rupees Ten Thousand Only), 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 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3415 of 2022 is disposed of.

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