Bidyut Sarkar v. State Of West Bengal

13.09.2023 M/L 59 Ct. No.29 (Allowed) (SKB) CRM (A) 3666 of 2023 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Manicktala P. S. Case No.202 of 2023 dated 13.08.2023 under Section 380/456/453/448/427/ 34 of the Indian Penal Code.

In the matter of : Bidyut Sarkar ... Petitioner Mr. Arkadyuti Pahari ... for the petitioner Mr. Arijit Ganguly, Mr. Avik Ghatak ... for the State

1. Heard learned counsel for the parties.

2. From the materials on record, we found that after being unsuccessful in a proceeding under Sections 144 and 107 Cr.P.C., the present FIR has been lodged by the informant against the petitioner.

3. Taking into consideration the genesis of events and Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition:

i) The petitioner is directed to appear before the IO once in a fortnight on the day and time fixed by the IO for the purpose of investigation till submission of Final Form.

4. Accordingly, the prayer for the anticipatory bail is allowed.

5. Within 21 days from today petitioner is directed to appear before the I.O. along with a server copy or certified copy of this order.

6. The applications being CRM(A) 3666 of 2023 is disposed of.

7. The Arresting Officer is hereby directed to act upon the server copy or certified copy of this order.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)