Subhankar Hirali @ Harali v. The State Of West Bengal
Court No. 29 (266041) CRM (A) 2332 of 2024 c In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Ranaghat Police Station Case No. 261 of 2024 dated05.04.2024 under Sections 498(A)/328 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia.
02.08.2024 (AD 23) (S. Banerjee) (Allowed) And In the matter of: Subhankar Hirali @ Harali ...petitioner Mr. Sumanta Das ... for the petitioner Ms. Amita Gaur Ms. Snigdha Saha ... for the State
1. Considering the materials available in the case diary and the statement of the victim recorded under Section 164 Cr.P.C. and also the affidavit filed by her in the pending criminal complaint before the learned Chief Judicial Magistrate, Ranaghat, Nadia in which she has stated that she is living happily with the petitioner presently and the petitioner is in no way responsible for the commission of the alleged offence of poisoning, we are of the view that custodial interrogation of the petitioner is not necessary.
2. Accordingly, we direct that in the event of arrest, the petitioner (Subhankar Hirali @ Harali) shall be released on bail upon furnishing a bond of Rs. 5,000/- with two registered sureties of like amount, to the satisfaction of the arresting officer and subject to the conditions as laid down Signed By :
SWARUP BANERJEE High Court of Calcutta 2 nd of August 2024 05:00:08 PM
under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
3. The petitioner shall meet the investigating officer once in a fortnight till filing of the final report.
4. Accordingly, the application for anticipatory bail is allowed.
5. All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Uday Kumar, J.) (Soumen Sen, J.)