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Calcutta High CourtCRM/7278/2020allowed

Patai @ Patai Sutradhar v. State Of West Bengal

2020-09-29Hon'Ble Justice Subrata Talukdar,Hon'Ble Justice Tirthankar Ghosh2 pages

29.9.2020 ap CRM 7278 of 2020 with I A No. CRAN 1 of 2020 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Nakashipara P.S. Case No. 333 of 2020 dated 13.7.2020 under Sections 447/326/34 of the Indian Penal Code. And In the matter of: Patai @ Patai Sutradhar ....Petitioner.

Mr. Amanul Islam ...for the Petitioner.

Mr. S.S. Imam Mr. Subrata Roy ...for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.

Learned advocate for the petitioner submits that the petitioner is innocent of the charges levelled against him indicating previous grudge and/or rivalry.

Learned advocate for the State produces the case diary and draws attention of the Court to the injury report. We have perused the nature of injuries along with other materials available in the case diary and on appreciation of the same, we are of the opinion that the custodial detention may not be warranted in the facts and circumstances of the instant case.

Accordingly, the prayer for anticipatory bail is allowed. In the event of arrest, the petitioner will be enlarged on bail upon furnishing a bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of equal amount, one of whom must be local, to the satisfaction of the of the arresting officer. In addition, the petitioner will abide by the conditions laid down in Section 438(2) of the Code.

CRM 7278 of 2020 and CRAN 1 of 2020 are disposed of. (Subrata Talukdar, J.) (Tirthankar Ghosh, J.)