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Calcutta High CourtCRM/7068/2020allowed

Akash Das v. State Of West Bengal

2020-09-28Hon'Ble Justice Joymalya Bagchi (27.06.2011 - 29.08.2020),Hon'Ble Justice Kausik Chanda2 pages

28.09.2020 Sl. No.36 akd [ALLOWED] C. R. M. 7068 of 2020 [via video conferencing] (CRAN 1 of 2020) In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 15.09.2020 in connection with Durgapur Police Station Case No. 268 of 2020 dated 04.08.2020 under Sections 341/323/324/325/354/354B/379/506/34 of the Indian Penal Code. And In Re: Akash Das ... ... Petitioner Mr. Rabi Sankar Chattopadhyay .. Advocate Mr. Uday Sankar Chattopadhyay .. Advocate Mr. Suman Sankar Chatterjee .. Advocate Mr. Shubhayu Das .. Advocate Ms. Payel Shome .. Advocate ... ... for the petitioner Mr. Swapan Banerjee .. Advocate Mrs. Sima Biswas .. Advocate ... ... for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within a month of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. The application being CRAN 1 of 2020 is accordingly, disposed of.

It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.

Learned advocate appearing for the State opposes the prayer for anticipatory bail.

Memo of evidence is placed on record. It appears from the memo of evidence that the injuries suffered by the victim are simple in nature. In view of the facts and circumstances of the case and the nature of injuries, we are inclined in granting pre-arrest bail to the petitioner.

Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Akash Das, 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 be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, thus, disposed of. All concerned authorities shall act in terms of the copy downloaded from the official website of this court. (Kausik Chanda, J.) (Joymalya Bagchi, J.)