Keunall Thadani v. State Of West Bengal

05.11.2020 Item No. 30 k.b./b.r.

allowed Crt.08 VB C.R.M. 8784 of 2020 (via video conferencing) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with New Township P.S. Case No. 105 of 2020 dated 07.09.2020 under Sections 326/307/351/379/411/386/426/506/34/120B of the Indian Penal Code, 1860 corresponding to GR Case No. 1232 of 2020.

And In Re : Keunall Thadani...... petitioner.

Mr. Pawn Gupta Mr. Ayan Chakraborty Ms. Shalini Mukherjee .....for the petitioner.

Ms. Faria Hossain Ms. Sonali Das ....for the State Petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the court. Subject to such undertaking, the application is taken up for hearing through video conferencing. Learned advocate for the petitioner submits that the petitioner and complainant are known to each other and the present petitioner has been implicated in the case for wrecking vengeance.

Learned advocate for the State submits that there are no injury report so far as Section 307 I.P.C. is concerned neither there are any materials collected so as to bring home the offence under Section 386 of I.P.C.

We find that the case was initiated under Section 156(3) of the Code of Criminal Procedure. On appraisal of the materials collected so far, we are of the opinion that the custodial detention of the petitioner may not be warranted in the facts and circumstances of the case. Accordingly, the prayer for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of whom must be local, 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.

The application for anticipatory bail stands thus allowed. The application CRM 8784 of 2020, stands disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.) (Ashis Kumar Chakraborty, J.)