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Calcutta High CourtCRM/8136/2021allowed

Abdesh Mandal And ANR v. State Of West Bengal

2021-12-17Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Bivas Pattanayak2 pages

17.12.2021.

92.

as (Allowed).

C.R.M. 8136 of 2021 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Harishchandrapur P. S. Case No.742 of 2020 dated 24.10.2020 under Sections 341/325/326/307/34 of the Indian Penal Code.

In the matter of : Abdesh Mandal & Anr.

... Petitioners.

Mr. Kaustav Bagchi, Mr. Arup Sarkar.

...for the Petitioners.

Mr. S. S. Imam, Mr. S. Kundu.

.....for the State.

Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioners that there was dispute amongst family members over ancestral property.

Learned Advocate appearing for the State opposes the prayer for anticipatory bail.

We have considered the materials on record and keeping in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioners and as well as the nature of injuries do not appear to be grievous, we are of the opinion custodial interrogation of the petitioners is not necessary and they may be granted anticipatory bail.

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 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 appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Bivas Pattanayak,J.) (Joymalya Bagchi, J.)