Pradip Rajwar v. State Of West Bengal

01.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3647 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Purulia (Town) Police Station Case No. 57 of 2022 dated 25.03.2022 under Sections 341/323/326B/307/120B/506/34 of the Indian Penal Code. And In Re : Pradip Rajwar ...... petitioner Mr. Sutanu Chakraborty Mr. Falguni Bandyopadhyay Ms. Riya Ballav ....for the petitioner Mr. Abhra Mukherjee Mr. Dipankar Mahata ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was not even present at the place of occurrence. There is a history of enmity between the petitioner and the family members of the de-facto complainant. Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Code of Criminal Procedure (Cr.P.C.). The case diary does not contain any injury report of any person suffering any acid attack.

The 164 Cr.P.C. statement of the victim claims that there was an attempt of acid attack.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, 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 a fortnight till the conclusion of the investigation and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)