Kartick Debnath And ANR v. State Of West Bengal

17.10.2022 Court No.28 D/L 179 ab/ sb CRM(A) 4974 OF 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Kaliganj Police Station Case No. 388 of 2013 dated 30.05.2013 under Sections 366/379/420/34 of the Indian Penal Code.

In the matter of: Kartick Debnath & Anr.

. .. . . . . .Petitioners.

Mr. Soumajit Das Mahapatra Mr. Amanul Islam Mr. Sourav Mukherjee ... For the Petitioners Mr. Anowar Hossain Ms. Purnima Ghosh ...... for the State Considering the vagueness of the stand taken on behalf of the State and the fact that the alleged offence took place in 2013, we are inclined to allow the prayer for anticipatory bail. We make it clear that the prayer has been allowed only in respect of the petitioner No. 2 since the petitioner No. 1 was arrested on 13th October, 2022. In the event of arrest, the petitioner No. 2 namely, Sanjay Biswas @ Mandal shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of who must be local, to the satisfaction of the arresting officer. The petitioner shall be subjected to the conditions of Section 438(2) of the Code of

Criminal Procedure and shall make himself available for investigation as and when required. The petitioner shall not intimidate any witness or tamper with any evidence in any manner whatsoever. In the event, the petitioner fails to comply with these directions, the Court below shall be at liberty of cancelling this order without further reference to this Court.

The application being CRM(A) 4974 of 2022 is allowed and disposed of in terms of the above.

(Saugata Bhattacharyya, J.) (Moushumi Bhattacharya, J.)