Calcutta High CourtCRM (A)/3882/2022allowed

Bhabani Das v. State Of West Bengal

2022-08-16Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

16.08.2022 Serial no. 15 [Dd] (Anticipatory bail) Allowed) CRM (A) 3882 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Salboni Police Station Case No. 41 of 2022 dated 18.02.2022 under Sections 379/411/413/114/279/283 of the Indian Penal Code and 21 of the Mines and Minerals (Development and Regulation) Act, 1957.

-AndIn the matter of : Bhabani Das ... ... Petitioner Mr. Malay Bhattacharyya, Mr. Pradip Paul, Advocate ... ... For the Petitioner Mr. Swapan Banerjee, Mr. Snindya Sundar Chatterjee, Advocates ... ...For the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner executed a power of attorney in respect of the vehicle to a person. The petitioner was falsely implicated. Learned advocate appearing for the State draws the attention of the Court to the materials in the case diary. He submits that the police filed charge sheet.

Considering the fact that police filed charge sheet and considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein, 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 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) 3882 of 2022 is disposed of.

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