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Calcutta High CourtCRM (A)/4876/2022allowed

Anil Jaiswal v. State Of West Bengal

2022-10-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Apurba Sinha Ray2 pages

12.10.2022.

43.

AGM/AN (Allowed).

C.R.M. (A) 4876 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Pursurah P. S. Case No.142 of 2022 dated 20.08.2022 under Section 379 of the Indian Penal Code and read with Section 411 I.P.C.

In the matter of : Anil Jaiswal ... Petitioner.

Mr. Ashok Das, Ms. Ayana Dey ...for the Petitioner.

Mr. Arijit Ganguly, Mr. Anindya Sundar Chatterjee .....for the State.

Leave is granted to the petitioner to correct the causetitle. It is submitted on behalf of the petitioner that he has been falsely implicated in this case and prays for anticipatory bail.

Learned lawyer for the State opposes the prayer for anticipatory bail.

We have considered the materials on record. Stolen article has already been recovered. Hence, we are of the opinion though custodial interrogation is not necessary, petitioner requires to co-operate with the Investigation Officer.

Under such circumstances, we are of the opinion that the petitioner can be granted anticipatory bail. 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 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 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.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)