Calcutta High CourtCRM (A)/4259/2022allowed

Anunaynayek @ Anunaya Nayek @ Anumoy Nayek v. State Of West Bengal

2022-09-06Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

06.09.2022 Serial no. 29 [Dd] (Anticipatory bail) Allowed) CRM (A) 4259 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Bhagwanpur Police Station Case No. 183 of 2022 dated 12.05.2022 under Sections 341 /323 /325 /307 /354 /379 /506/34 of the Indian Penal Code.

-AndIn the matter of : Anunay Nayek @ Anunaya Nayek @ Anumoy Nayek ... ... Petitioner Mr. Jayanta Narayan Chatterjee, Mr. Nazir Ahmed, Advocates ... ... For the Petitioner Mr. Shiladitya Banerjee, Advocate ... ...For the State Petitioner prays for anticipatory bail.

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

Learned advocate appearing for the State draws the attention of the Court to the statement of the victim recorded under Section 164 of the Criminal Procedure Code and the injury report.

Apparently, the injured did not suffer grievous hurt. Considering the gravity of the offence and 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 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) 4259 of 2022 is disposed of.

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