Nityagopal Sarkar @ Nityananda Sarkar v. State Of West Bengal

C.R.M. (A) 5176 of 2022 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No. 255 of 2022 dated 09.10.2022 under Sections 447/325/506/307 of the Indian Penal Code, 1860. And 14.11.2022 Sl.29 Court No.29 (AD) (Allowed) In the matter of: Nityagopal Sarkar @ Nityananda Sarkar ....petitioner.

Mr. Asraf Mandal ...for the petitioner.

Mr. S.S. Imam Mr. S. Kundu ...for the State.

Petitioner prays for anticipatory bail.

The injury report of the victim does not suggest that the victim suffered grievous hurt. There is a civil suit pending between the parties.

In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), 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 condition that the petitioner will report before the Investigating Officer as and when called for till the conclusion of the investigation and on condition that the petitioner 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 petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

C.R.M. (A) 5176 of 2022 is, thus, disposed of. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)