Nilkantha Dutta v. State Of West Bengal

January 8, 2024 Sl No.A 82 s.biswas/cp (Allowed) CRM (A) 4658 of 2023 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Murarai Police Station Case No. 69 of 2022 dated 25.04.2022 under Sections 441/309/323/304 of the IPC corresponding to G.R. Case No.735 of 2022.

And In Re: Nilkantha Dutta ... ... Petitioner Mr. Subrata Karmakar Md. Ali Ahasan ... for the petitioner Mr. P. K. Datta Mr. P. Ganguli ... ... for the State The application for anticipatory bail is taken up for consideration subsequent to the order dated October 17, 2023. By such order, the Coordinate Bench granted interim anticipatory bail to the petitioner.

It is submitted at the bar that, such order was passed without consulting the materials in the case diary and in view of the ensuing puja vacation.

We perused the materials in the case diary.

The case diary does not contain any injury report. In view of the fact that police filed charge-sheet, need for custodial interrogation is not felt.

In such circumstances, we confirm the interim order dated October 17, 2023 and 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/-, 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 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. This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)