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Calcutta High CourtCRM (A)/2350/2024allowed

Alok Kumar Dutta v. The State Of West Bengal And ANR

2024-07-29Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

29.07.2024 SL No.10 Court No.29 (gc) (Allowed) CRM (A) 2350 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure corresponding to Section 482 of BNSS, 2023 filed in connection with Ramnagar Police Station Case No.596 of 2023 dated 19.09.2023 under Sections 448/376/511/323/506/34 of the Indian Penal Code. And In the matter of : Alok Kumar Dutta - Petitioner.

Mr. Sourat Nandy ....For the Petitioner.

Mr. Aniruddha Bhattacharyya ....For the Victim.

Mr. Pravas Bhattacharya ....For the De facto Complainant.

Md. Anwar Hossain, Ms. Rajashree Tah ... For the State.

1. Heard the learned Counsel for the parties.

2. Considering the materials available in the case diary, the statement of the victim recorded under Section 161 of the Cr.P.C. which appears to be omnibus and general in nature and the injury report which appears to be simple and also having regard to the fact that the charge-sheet has already been filed, we are of the view that the custodial interrogation of the petitioner is not necessary.

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

GURUPADA CHAKRABARTY High Court of Calcutta 30 th of July 2024 01:19:05 PM

the arresting officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023. It is further directed that the petitioner shall appear before the learned Additional Chief Judicial Magistrate, Contai in connection with G.R. Case No.2579 of 2023 within two weeks from date.

4. Accordingly, the application for anticipatory bail is disposed of.

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

GURUPADA CHAKRABARTY High Court of Calcutta 30 th of July 2024 01:19:05 PM