Krishnendu Saha v. State Of West Bengal

15.11.2021 Sl. No.82 pk [ALLOWED] C. R. M. 7118 of 2021 [via video conferencing] In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Arambagh Police Station Case No. 368 of 2021 dated 16.09.2021 under Sections 436/506/34 of the Indian Penal Code.

And In Re: Krishnendu Saha ... ... Petitioner Mr. N. S. Ghosh .. Advocate ... ... for the petitioner Mr. A. Ganguly, .. Advocate Mr. S. Kundu .. Advocate ... ... for the State It is submitted on behalf of the petitioner that there is enmity between the parties and has been falsely implicated in the instant case. Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. There is no direct evidence to show that petitioner had set fire on the electric shop of the de facto complainant.

In view of the aforesaid facts, we are of the opinion that the custodial interrogation of the petitioner may not be necessary and he may be granted anticipatory bail.

Accordingly, we direct that in the event of arrest, the accused/petitioner, 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 further condition that the petitioner shall meet the Investigating Officer once in a week until further orders. The application for anticipatory bail is, thus, disposed of.

All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Bivas Pattanayak, J.) (Joymalya Bagchi, J.)