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Calcutta High CourtCRM (A)/5167/2023allowed

Sunayani Das v. State Of West Bengal

2024-01-30Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

30.01.2024 SL No. 450 Ct No. 29 SB C.R.M. (A) 5167 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Sutahata P.S. Case No. 229 of 2023 dated 25.6.2023 under Sections 307/323/325/326/34/354/379/447/506 of the Indian Penal Code.

And In the matter of: Sunayani Das Mr. Suman Das Mr. Abhinaba Mukherjee ...for the Petitioner Mr. Ranadeb Sengupta ... for the State Co-accused was enlarged on anticipatory bail by the order dated 09.01.2024 passed in CRM (A) 4776 of 2023. Apparently, there is a civil suit pending between the private parties.

Apparently, there are disputes between the private parties.

In an incident of assault the petitioner before us is implicated in causing fracture on the lumber of the injured. Considering the fact that other co-accused was enlarged on bail and considering the nature of injury, 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.

The petitioner will co-operate with the investigation. 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 petitioners 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.)