Basudev Roy And ANR v. State Of West Bengal

29.09.2022.

33.

AD/KC (Allowed).

C.R.M. (A) 4720 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta P. S. Case No.811 of 2022 dated 18.09.2022 under Sections 325/326/307/34 of the Indian Penal Code. In the matter of : Basudev Roy & Anr.

... Petitioners.

Mr. Asraf Mondal ...for the Petitioners.

Mr. Sujan Chatterjee .....for the State.

Learned lawyer for the petitioners submits that they have been falsely implicated in the case. He prays for anticipatory bail.

Learned Advocate appearing for the State produces the case diary.

We have considered the materials on record including the medical papers. Whether the injury suffered by the victim is grievous or life threatening may be assessed in the course of trial. However, keeping in mind the facts and circumstances, we are of the opinion custodial interrogation of the petitioners are not necessary and they may be granted anticipatory bail. Consequently, we are inclined to grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest the petitioners shall be released on bail upon furnishing a bond

of Rs.10,000/- each with two sureties of like amount each, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)