Calcutta High CourtCRM/9545/2020allowed

Tilak Biswas v. State Of West Bengal And ORS.

2020-12-04Hon'Ble Justice Sanjib Banerjee,Hon'Ble Justice Aniruddha Roy3 pages

ADSL 6 & 7.

December 4, 2020.

SG CRM 9545 of 2020 with CRM 9660 of 2020 IA No.CRAN 1 of 2020 In Re. Applications for bail under Section 438 of the Code of Criminal Procedure in connection with Karimpur Police Station Case No.213 of 2020 dated 24.09.2020 under Sections 377/506 of the Indian Penal Code.

In the matter of: Tilak Biswas ...petitioner.

Mr Asraf Mandal ... for the petitioner (in CRM 9545 of 2020).

Mr Amit Singh ... for the petitioner (in CRM 9660 of 2020).

Mr Bidyut Kumar Roy Ms Rita Dutta ... 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. This is another case of two petitions for the same purpose being filed through separate Advocates. If such reckless practice continues, undertakings may have to be obtained from Advocates before future bail or anticipatory bail petitions are entertained.

Since the later matter here is for the same purpose as the earlier one, CRM 9660 of 2020 along with CRAN 1 of 2020 are dismissed as infructuous with a word of caution to Advocates involved in the matter to be more careful in future. As far as the prayer for anticipatory bail is concerned, it appears to be a complaint by a colleague of the petitioner in the postal service.

Considering the nature of the allegations and the surrounding circumstances, there would be no need for the petitioner to be taken into custody at this stage as long as he reports to the investigating officer as and when called, till the investigation is completed.

In the event of arrest, the petitioner will be enlarged on bail upon furnishing a security of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM 9545 of 2020 stands disposed of.

( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )