Tamu Saha v. State Of West Bengal

C.R.M. 8448 of 2021 02.05.2022 Sl. 75 Court No.29 sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Malda Police Station Case No. 347 of 2021 dated 11.07.2021 under Sections 384/305/34 of the Indian Penal Code. And In the matter of: Tamu Saha ....petitioner.

Mr. Mritunjoy Chatterjee Mr. Kazi M. Rahaman Mr. Debapriaya Majumder ...for the petitioner.

Mr. Avishek Sinha ...for the State.

The petitioner seeks anticipatory bail.

Learned advocate appearing for the petitioner submits that the petitioner was falsely implicated.

Learned advocate appearing for the State submits that the Forensic Laboratory Report is still awaited.

Apparently, the victim died by committing suicide. Considering the gravity of the offence and the involvement of the petitioner therein as transpiring from the materials in the case diary, we enlarge the petitioner on anticipatory bail. 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation and on condition

that the petitioner shall appear every day 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.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. 8448 of 2021 is, thus disposed of.

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