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Calcutta High CourtCRM (A)/4023/2022allowed

Nirmal Pandey v. State Of West Bengal

2022-08-29Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Bibhas Ranjan De2 pages

29.08.2022 Serial no. 03 [Dd] (Anticipatory bail) Allowed) CRM (A) 4023 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Tamna Police Station Case No. 114 dated June 25, 2022 under Sections 379/411/414/120B of the Indian Penal Code read with Sections 21(1)(4) of the Mines and Minerals (Development and Regulation)Act, 1957 giving rise to G.R. Case no. 1311 of 2022.

-AndIn the matter of : Nirmal Pandey ... ... Petitioner Ms. Navanil De, Mr. Rajeshwar Chakraborty, Mr. Srinjan Ghosh, Mr. Subhrajit Dey, Advoctes ... ... For the Petitioner Ms. Zareen N. Khan, Md. Kutubuddin, Advocates ... ...For the State Report submitted in Court be taken on record. The vehicle seized was in possession of a road e-challan. Learned advocate appearing for the State pursuant to order dated August 23, 2022 submits that, the road e-challan was valid and found to be correct.

In such circumstances, 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 month 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) 4023 of 2022 is disposed of.

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