Calcutta High CourtCRM (A)/4679/2023allowed

Bapi Halder v. State Of West Bengal

2023-12-14Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 4679 of 2023 14.12.2023 ML. 61 Court No. 29 Sourav (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Bhimpur Police Station Case No. 80 of 2023 dated 16.03.2023 under Sections 489(B)/489(C) IPC.

And In the matter of: Bapi Halder ....petitioner.

Mr. Snehansu Majumder ...for the petitioner.

Mr. Partha Pratim Das Ms. Mamani Roy ... for the State.

1. Heard learned Counsel for the parties.

2. The basis of implication of the present petitioner is the statement of a co-accused, Tarun Mondal who was arrested by the police and from whom 20 pieces of Rs. 500/- denomination of FICM were seized.

3. It is fairly submitted at the Bar that nothing was recovered from the present petitioner.

4. Charge-sheet is stated to have been filed in the meantime.

5. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation, nature of evidence and completion of investigation, it is directed that the petitioner shall surrender before the learned Chief Judicial Magistrate, Nadia, Krishnagar in G.R. Case arising out of the aforesaid P.S. case within 15 days from today. On his appearance and application for bail, he shall be released on bail on such terms and conditions as deemed just and proper in the facts and circumstances of the case

including the condition that petitioner shall appear before the learned Trial Court on each date of substantive hearing subject to provision of Section 317 Cr.P.C. with a further condition, the present petitioner shall not leave the territorial jurisdiction of the learned trial Court without obtaining prior permission of the learned trial Court during investigation.

6. Accordingly, the prayer for anticipatory bail is allowed.

7. The application being CRM (A) 4679 of 2023 is disposed of.

8. Learned Chief Judicial Magistrate, Nadia, Krishnagar, is hereby directed to act upon the server copy of this order, if required.

(Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)