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Calcutta High CourtCRM (A)/5463/2022allowed

Sanjoy Biswas@ Sanjay @ Bapan v. State Of West Bengal

2022-11-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

25.11.2022 Ct. No. 29 KAUSHIK Allowed C.R.M.(A) 5463 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Tehatta Police Station Case No. 1018 of 2022 dated 14.11.2022 under Sections 448/376/511/323/324 of the Indian Penal Code, 1860.

And In Re : Sanjoy Biswas @ Sanjay @ Bapan ...... petitioner Mr. Asraf Mondal ....for the petitioner Mr. Tanmoy Kumar Ghosh Ms. Pritha Paul ....for the State Apparently, the police complaint is a counter-blast to the earlier police complaint lodged by the wife of the petitioner against the husband of the de-facto complainant. The injury suffered is not of grievous hurt.

The victim did not record her statement under Section 164 of the Code of Criminal Procedure.

In such circumstances, we 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 further condition that the petitioner shall meet the Investigating Officer as and when called for till the conclusion of the investigation 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.)