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Calcutta High CourtCRM (A)/2614/2024allowed

Shyamaprasad Nandi v. The State Of West Bengal

2024-08-01Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar2 pages

Court No. 29 (266041) CRM (A) 2614 of 2024 c In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Indas Police Station Case No. 105 of 2024 dated 09.11.2024 under Sections 448/324/325/307/506/34 of the Indian Penal Code, pending before the learned Additional Chief Judicial Magistrate at Bishnupur, Bankura.

01.08.2024 (AD 33) (S. Banerjee) (Allowed) And In the matter of: Shyamaprasad Nandi ...petitioner Ms. Pampa Dey (Dhabal) Mr. Biswarup Chatterjee ... for the petitioner Ms. Zareen N. Khan Ms. P. Sarkar ... for the State

1. Claiming party with Tuhin Subhra Nandi & Ors., in CRM(A) 2406 of 2024, decided on 15.07.2024, a prayer for anticipatory bail is made.

2. Learned counsel for the State in opposing the prayer has, however, submitted that the present petitioner stands on the same footing as Tuhin Subhra Nandi (in CRM(A) 2406 of 2024).

3. In view of the aforesaid, we are inclined to grant anticipatory bail to the petitioner.

4. Accordingly, we direct that in the event of arrest, the petitioner (Shyamaprasad Nandi) shall be released on bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of like amount each, one of which must be local, to Signed By :

SWARUP BANERJEE High Court of Calcutta 2 nd of August 2024 04:30:20 PM

the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall meet the IO once in a week or as and hwen required.

5. It is further directed that the present petitioner shall appear before the learned Additional Chief Magistrate, Bishnupur, Bankura within two weeks from date and pray for regular bail.

6. It is further directed that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance fo the accused nd in default, the jurisdictional court will pass appropriate order to secure presence of the petitioner in court including cancellation th e anticipatory bailk granted without further reference to this court.

7. Accordingly, the application for anticipatory bail is allowed.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this court. (Uday Kumar, J.) (Soumen Sen, J.)