Milan Barman v. State Of West Bengal

06.09.2022 Serial no.19 Aloke CRM (A) 4236 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Gangarampur Police Station Case No. 377 of 2022 dated 22.07.2022 under Sections 448/376/511/323 of the Indian Penal Code.

-AndIn the matter of : Milan Barman ... ... Petitioner Ms. Jeenia Rudra, Advocate ... ... For the Petitioner Mr. Saibal Bapuli, ld. APP Mr. Sujan Chatterjee, Advocate ... ...For the State Petitioner seeks anticipatory bail.

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

Learned Advocate appearing for the State draws the attention to the materials in the case diary including the statement of the victim recorded under Section 164 of the Code of Criminal Procedure and the injury report of the husband of the victim. He submits that the victim refused to undergo any medical examination.

The injury report of the husband of the victim suggests that the husband suffered simple injuries.

Considering the materials in the case diary, the involvement of the petitioner therein, 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 condition that the petitioner shall meet the Investigating Officer once in a

fortnight 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) 4236 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)