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Calcutta High CourtCRM/7779/2020allowed

Kartick Bouri And ORS v. State Of West Bengal And ORS.

2020-10-15Hon'Ble Justice Harish Tandon,Hon'Ble Justice Shampa Sarkar2 pages

15.10.2020 CRM 7779 of 2020 Court No. 12 Item No. 17 ss In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Jamuria Police Station Case No.

of dated 30.07.2020 under Sections 341/325/326/307/354B/379/34 of the Indian Penal Code. and In the matter of: Kartick Bouri & ors.

Petitioners Mr. Anindya Bose, Advocate Mr. Diptendu Mondal (anti-bail allowed) ......for the Petitioner Mr. Binay Kumar Panda, Advocate Ms. Puspita Saha, Advocate ...... for the State Petitioners undertake to affirm and stamp the petition/ application as per Rules within one month of normal functioning of the Court. Subject to such undertaking, the application is taken up for hearing. The learned Advocate for the petitioners submits that the petitioners have been falsely implicated in connection with the instant case though there was a minor altercation between the neighbours over the water pipeline. The petitioners have also lodged a case against the complainant and the instant case is the counter-blast to the same. The learned Advocate for the State opposes the prayer for anticipatory bail.

He hands over the Case Diary which contains the report of the Doctor who attended the alleged victim. We perused the statement recorded under Section 161 of the Code of Criminal Procedure. We find that some of the co-accused have already privileged with the anticipatory bail.

Criminal Procedure, we do not find any custodial interrogation of the petitioners is necessary.

The prayer for anticipatory bail is, thus, allowed. Accordingly, we direct that in the event of arrest, the petitioners, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 being CRM 7779 of 2020 accordingly disposed of.

(Shampa Sarkar, J.) (Harish Tandon, J.)