Prosenjit Pal @ Prasenjit Pal v. State Of West Bengal

15.09.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 4429 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Dadpur Police Station Case No. 93 of 2021 dated 11.06.2021 under Sections 448/323/354/307/376/379/506/34 of the Indian Penal Code, 1860.

And In Re : Prosenjit Pal @ Prasenjit Pal ...... petitioner Mr. Rabi Shankar Chatterjee Mr. Suman Shankar Chatterjee ....for the petitioner Mr. Shiladitya Banerjee ....for the State Petitioner prays for anticipatory bail.

Learned advocate appearing for the petitioner submits that, the petitioner was falsely implicated. He points out to the delay in the lodgment of the First Information Report. The injury report of the victim does not seem that the injured suffered grievous hurt. There is a statement under Section 164 of the Code of Criminal Procedure. Considering the materials in the case diary, the gravity of the offence and the involvement of the petitioner therein and considering the fact that the police filed charge-sheet, we 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/-, 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 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.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)