Swapan Metya v. State Of West Bengal

22.07.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3489 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sabang Police Station Case No. 133 of 2021 dated 03.04.2021 under Sections 341/325/326/307/354/506/34 of the Indian Penal Code, 1860.

And In Re : Swapan Metya ...... petitioner Mr. Sabir Ahmed ....for the petitioner Ms. Zareen N Khan Mr. Asoke Das ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the police filed charge-sheet and, therefore, custodial interrogation of the petitioner is not required. Learned advocate appearing for the State draws the attention of the Court to the injury report. She submits that, role ascribed to the petitioner is that they dealt fist and blows. Considering the gravity of the offence and the involvement of the petitioner 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/-, 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)