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Calcutta High CourtCRM (A)/3706/2024allowed

Bidyut Mandal And ORS v. The State Of West Bengal

2024-11-04Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

04.11.2024 Ct. No. 28 SL No. 43 SB/AP CRM (A) 3706 of 2024 In Re: - An application for anticipatory bail under Section 482 of the B.N.S.S. 2023 corresponding to Section 438 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No. 791 of 2024 dated 02.6.2024 under Sections 447/341/323/325/326/506/34 of the Indian Penal Code.

And In the matter of: Bidyut Mandal & Ors.

Mr. Sourav Chatterjee Mr. Aditya Tiwari ... for the petitioners Ms. Baisali Basu Mr. Soumya Basu Roy Chowdhuri ...for the State 1.

Petitioner contends there was a dispute over property between the petitioner and the de facto complainant. Civil suits are pending. They pray for anticipatory bail.

2.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.

3.

We have considered the materials on record including the injury report. The injury is not on a vital part of the body. There is long standing civil dispute and suits are pending inter se. 4.

Under such circumstances, we are inclined to grant anticipatory bail to the petitioners.

5.

Accordingly, we direct that in the event of arrest the petitioners shall be released on anticipatory 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 subject to the condition as laid down under Section 482(2) of the B.N.S.S. corresponding to Section 438(2) of the Code of Criminal Procedure and shall meet the investigating officer once in a week and also petitioners shall appear Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 6 th of November 2024 03:32:08 PM

before the Court below and pray for regular bail within a period of four weeks from date.

6.

The application for anticipatory bail is, thus, allowed and disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SAURABH BANDYOPADHYAY High Court of Calcutta 6 th of November 2024 03:32:08 PM