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Calcutta High CourtCRM (A)/3248/2024partly allowed

Jayram @ Jairam Dusad And ANR. v. State Of West Bengal

2024-09-11Hon'Ble Justice Soumen Sen,Hon'Ble Justice Prasenjit Biswas2 pages

11.09.2024 Court No.29 Item No. 42 Partly Allowed sg CRM (A) 3248 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the BNSS, in connection with Pandaveswar Police Station Case No. 107 of 2024 dated 20.07.2024 under Sections 126(2)/115(2)/117(2)/109(1)/3(5) of the BNS. And In Re: Jayram @ Jairam Dusad & Anr.

Petitioners Mr. Amajit De For the Petitioners Ms. Sonali Das Mr. Arka Chakraborty For the State

1. We have heard the learned Counsel for the parties. 2.

Considering the materials available in the case diary and the statement of the injured wherefrom it appears that she suffered spiral injury amongst others, by reason of a blow by the petitioner no.2, we are not inclined to grant anticipatory bail to the petitioner no.2.

3.

However, in view of the fact that the role ascribed by the petitioner no.1 which appears to be general in nature, we are of the view that the custodial interrogation of the petitioner no.1 is not necessary. 4.

Accordingly, we direct that in the event of arrest, the petitioner no. 1, namely, Jayram @ Jairam Dusad, shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Signed By :

SANJIB GHOSH High Court of Calcutta 12 th of September 2024 11:20:39 AM

Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The petitioner no.1 shall appear before the learned Trial Judge, within two weeks from date.

5.

The application for anticipatory bail of the petitioner no.1 is allowed and the application for anticipatory bail of the petitioner no.2 is rejected.

6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J.) (Prasenjit Biswas, J.)