Shiva Bansfore @ Shiba Bansfor v. State Of West Bengal
01.08.2022 Serial no. 37 [Dd] (Anticipatory bail) Allowed) CRM (A) 3660 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No.
of dated 29.06.2022 under Sections 448/326/354B of the Indian Penal Code ( G. R. Case No. 4031 of 2022) -AndIn the matter of : Shiva Bansfore @ Shiba Bansfor ... ... Petitioner Ms. Minoti Gomes, Mr. Musharraf Alam Sk., Advocates ... ... For the Petitioner Mr. Shekhar Barman, Advocate ... ...For the State Petitioner prays for anticipatory bail.
Learned advocate appearing for the petitioner submits that the petitioner and the de facto complainant are neighbours.
Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. There is a statement of the victim recorded under Section 164 of the Criminal Procedure Code. The injury report of the victim speaks of the victim suffering minor injuries.
In such circumstance, we are inclined to 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/- (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 report before the Investigating Officer once in a fortnight till the conclusion of the investigation and on further 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. Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 3660 of 2022 is disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)