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Calcutta High CourtCRM (A)/2321/2024partly allowed

Jayanta Biswas And ORS. v. The State Of West Bengal And ANR.

2024-07-11Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

11.07.2024 Sl No. 21 Court No.29 TN (partly allowed) CRM (A) 2321 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Chakdah Police Station Case No. 584 of 2024 dated 02.06.2024 under Sections 341/325/376/417/506/34 of the Indian Penal Code. And In the matter of: Jayanta Biswas and others.

- petitioners.

Mr. Shibaji Kumar Das .... for the petitioners.

Ms. Tannistha Bandyopadhyay ... for the victim.

Mr. Debabrata Chatterjee, Mr. Soumya B. Roy Chowdhuri ....for the State.

1.

Considering the materials available in the case diary and the statement of the victim directly implicating the petitioners in the commission of the alleged offence, we are not inclined to grant anticipatory bail to the petitioner nos. 1 and 2. 2.

Accordingly, the application for anticipatory bail in respect of petitioner nos. 1 and 2, namely, Jayanta Biswas and Lakhsman @ Laxman @ Lakshman Biswas is rejected. 3.

However, we allow the prayer for anticipatory bail in respect of petitioner nos. 3 and 4.

4.

Accordingly, we direct that in the event of arrest, the petitioner nos. 3 and 4, namely, Jayanti Biswas and Jolly Biswas shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting Signed By :

TANMOY NANDAN High Court of Calcutta 12 th of July 2024 10:48:52 AM

officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner nos.

and shall cooperate with the investigation.

5.

It is further directed that the present accused petitioner nos. 3 and 4 shall appear before the learned Additional Chief Judicial Magistrate, Kalyani, District-Nadia within two weeks from date and pray for regular bail.

6.

Accordingly, the application for anticipatory bail is disposed of.

7.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Soumen Sen, J.) (Sugato Majumdar, J.) Signed By :

TANMOY NANDAN High Court of Calcutta 12 th of July 2024 10:48:52 AM