Kamal Dolui v. The State Of West Bengal

28.08.2024 SL No.18 Court No.29 P.A. - DK Allowed CRM (A) 2708 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure corresponding to Section 482 of BNSS, under Section 318(4), 316(2) and 351 of the Bharatiya Nyaya Sanhita, G.R Case No. 2429 of 2024 pending before Learned ACJM, Diamond Harbour, South 24Parganas. And In the matter of : Kamal Dolui.

- Petitioner.

Mr. Bitasok Banerjee, Mr. Lakshminath Bhattacharya, ......For the Petitioners.

Mr. Sanjoy Bardhan, Ms. Suchismita Dutta ....For the State.

1. Considering the report filed by the Investigating Officer showing cooperation in the investigation and having regard to the nature of the dispute between the parties, we are of the view that custodial interrogation of the petitioner is not necessary.

2. Accordingly, we direct that in the event of arrest, the petitioner, namely Kamal Dolui shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount, one of whom must be local, subject to the satisfaction of the Arresting Officer and also to comply with the conditions as laid down in Section 482(2) of the BNSS, 2023. The petitioner shall meet the Investigating Officer once in a fortnight till the submission of the final report.

3. It is further directed that the present accused petitioner shall appear before the learned Additional Chief Judicial Magistrate, Diamond Harbour in connection with G.R Case No. 2429 of 2024 within two weeks from date. In the event of non-compliance of the any of the conditions, the anticipatory bail shall stand automatically cancelled without any further reference to this Court.

4. Accordingly, the application for anticipatory bail of the petitioner is allowed and the same is accordingly disposed of.

5. The report shall be kept with the record.

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