Calcutta High CourtCRM (A)/3729/2022allowed

Sabyasachi Das And ANR v. State Of West Bengal

2022-08-04Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

04.08.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 3729 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tamluk Police Station Case No. 560 of 2022 dated 28.06.2022 under Sections 323/376/447/448/506/511/34 of the Indian Penal Code, 1860.

And In Re : Sabyasachi Das & Anr.

...... petitioners Mr. Swapan Kumar Mallick Ms. Sudeshna Das ....for the petitioners Mr. Binoy Panda Mr. Subham Bhakat ....for the State Petitioners pray for anticipatory bail.

Learned advocate appearing for the petitioners submits that, there are number of police cases pending as against 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.). There are police cases between the private parties. There is an issue of false implication involved.

Considering the materials in the case diary including the 164 Cr.P.C. statement of the victim, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- each, 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 petitioners shall meet the Investigating Officer once a fortnight till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)