Rabishankar Santikary v. State Of West Bengal

01.12.2023 tkm/ct 28 C.R.M. (A) 4892 of 2023 sl no.74 In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Salanpur P.S case no. 63 of dated 2.4.2023 under sections 420/466/467/468/471/417/403/425/506/34 IPC And Allowed In Re : Rabishankar Santikary ...... petitioner Mr. S Barma ...... for the petitioner Mr. Anwar Hossain Ms. Sreyashee Biswas ...... for the State 1.

Petitioner submits that a civil suit is pending by and between the parties. Authenticity of the deed is a subject matter in the civil proceeding. He prays for bail.

2.

Learned lawyer for the State submits petitioner is a witness to the valid instrument.

3.

We have considered the materials on record. Whether the deed is forged or not maybe agitated in the course of trial. Deed in question is in the custody of investigating agency. Investigation is complete.

4.

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

5.

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.

6.

Petitioner shall appear before the court below and pray for regular bail within four weeks from date.

7.

The application being CRM (A) 4892 of 2023 is disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)