Uttam Gayen And ORS v. State Of West Bengal

(AD) 10.11.2021 C.R.M. 6813 of 2021 (Via Video Conference) Court No.29 (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 08.10.2021 in connection with Talpatighat Coastal P.S. Case No. 26 of 2021 dated 05/05/2021 under Sections 448/354/354B/325/307/376/506/34 of the Indian Penal Code.

And In the matter of: Uttam Gayen & Ors.

....petitioners.

Mr. Kallol Kumar Basu Mr. Anindya Sunder Das Md. Jannat Ul Firdous Mr. Paramesh Chakraborty Ms. Tithi Majumdar ...for the petitioners.

Mr. Prasun Kumar Datta, Ld. APP Mr. Nirupan Dhali ... for the State.

Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that there is a long standing civil dispute between the petitioners and the de facto complainant.

Learned Advocate appearing for the State draws the attention of the Court to the statement recorded under Section 161 of the Code of Criminal Procedure and to the injury report. In response to the query of the Court, he submits that the police filed charge sheet.

Considering the materials on record and considering the fact that there is prior civil suit and considering the fact that the police submitted charge sheet, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that they shall appear before the jurisdictional Court on the dates fixed for trial and pray for regular bail within four weeks from date. The application for anticipatory bail being C.R.M. 6813 of 2021 is, thus, disposed of.

(Debangsu Basak, J.) (Ananda Kumar Mukherjee, J.)