Archana Patra And ORS v. State Of West Bengal

12.08.2022 Serial no.12 Aloke CRM (A) 3867 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Joypur Police Station Case No. 12 of 2021 dated 25.01.2021 under Sections 186/332/323/353/333/308/427/379/34 of the Indian Penal Code. -AndIn the matter of : Archana Patra & Ors.

... ... Petitioners Mr. Subhasish Pachhal, Advocate ... ... For the Petitioners Ms. Z. N. Khan, Advocate Mr. Md. Kutubuddin, Advocate ... ...For the State Petitioners seek anticipatory bail.

Learned Advocate appearing for the petitioners submits that six co-accused were enlarged on bail by the jurisdictional Court. The police filed charge-sheet and, therefore, custodial interrogation of the petitioners is not required. Learned Advocate appearing for the State submits that the petitioners were absconding. The police case is of January 25, 2021.

The police filed charge-sheet. There is nothing on record to demonstrate that the police took no measures under Section 82 or Section 83 of the Code of Criminal Procedure against any of the petitioners.

In such circumstances, we are inclined to 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/- (Rupees Ten Thousand Only) 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 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.

Prayer for anticipatory bail of the petitioners is allowed. CRM (A) 3867 of 2022 is disposed of.

(Debangsu Basak, J.) (Bibhas Ranjan De, J.)