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Calcutta High CourtCRM (A)/4719/2023allowed

Bishan Das @ Souradwip Das @ Souradeep Das v. State Of West Bengal

2024-01-08Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

C.R.M. (A) 4719 of 2023 08.01.2024 ML.117 Court No.29 (AD) (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chanchal Police Station Case No. 319 of 2023 dated 18.03.2023 under Sections 341/325/308 of the Indian Penal Code, 1860 (corresponding to G.R. Case No.716 of 2023).

And In the matter of: Bishan Das @ Souradwip Das @ Souradeep Das ....petitioner.

Mr. Kallol Mondal Mr. Krishan Ray Mr. Souvik Das Ms. Shabnam Laskar ...for the petitioner.

Mr. Ashok Das ...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 petitioner was enlarged on interim anticipatory bail by the Coordinate Bench.

It is submitted at the bar that such prayer for interim anticipatory bail was granted without considering the materials in the case diary and just prior to the ensuing puja vacation. We perused the materials in the case diary.

We find that, the injury suffered was not classified as severe injury.

Police filed charge sheet.

In such circumstances, we confirm the interim order dated October 17, 2023.

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 also 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. The prayer for anticipatory bail of the petitioner is allowed. C.R.M. (A) 4719 of 2023 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)