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Calcutta High CourtCRM/6807/2021disposed

Tarun Bhattacharya@Tarun Kumar Bhattacharyya And ANR v. State Of West Bengal

2021-10-25Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Sugato Majumdar3 pages

25.10.2021 Ct. No. 08 SUBRATA/ KAUSHIK Allowed C.R.M. 6807 of 2021 (via video conference) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bashirhat Police Station Case No. 693 of 2021 dated 25.09.2021 under Sections 341/323/324/325/506/34 of the Indian Penal Code, 1860.

And In Re : Tarun Bhattacharya @ Tarun Kumar Bhattacharyya & Anr.

...... petitioners Mr. Koustav Bagchi Mr. Debayan Ghosh .....for the petitioners Mr. Swapan Banerjee, learned Public Prosecutor-in-Charge Ms. Purnima Ghosh ....for the State Petitioners seek anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioners were falsely implicated. There is a subsisting family dispute. He also submits that, the petitioners complied with the notices issued under Section 41A of the Code of Criminal Procedure.

State is represented.

Learned advocate appearing for the State draws the attention of the Court to the injury report.

Considering the facts of the present case and considering the nature of injury and considering the fact that there is a family dispute as also the fact that there is no need of custodial interrogation of the petitioners, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 further conditions that the petitioner no. 1 (Tarun Bhattacharya @ Tarun Kumar Bhattacharyya) shall meet the investigating officer once in a fortnight till the conclusion of the investigation and petitioner no. 2 (Rupa Bhattacharya @ Bhattacharyya) will cooperate with the investigation and shall appear before the jurisdictional court and pray for regular bail within a period of four weeks from date.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Rabindranath Samanta, J.)