Abhijit Biswas And ORS v. State Of West Bengal

09.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5116 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 953 of 2022 dated 22.10.2022 under Sections 448/323/325/307/354/506/376/511/379/34 of the Indian Penal Code, 1860.

And In Re : Abhijit Biswas & Ors.

...... petitioners Mr. Asraf Mondal ....for the petitioners Mr. Arijit Ganguly Mr. Sanjib Kumar Daan ....for the State The injured, apparently, did not suffer any grievous hurt. The victim did not record a statement under Section 164 of the Code of Criminal Procedure (Cr.P.C.).

There is a prior police complaint existing between the private parties.

In such circumstances, we 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 also be 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 nos. 1 (Subrata Singha) and 2 (Ganapati Biswas) shall meet the Investigating Officer once a month till the conclusion of the investigation and petitioner nos. 3 (Radharani Biswas), 4 (Sangita Hira @ Uma Biswas) and 5 (Geeta Biswas @ Gita Saha) shall cooperate with the Investigating Officer till the conclusion of the investigation and on condition that the petitioners 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 petitioners 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.)