Shyamal Barman Alias Roy And ORS v. State Of West Bengal And ORS.

02.12 . 2020 CRM 9672 of 2020 (Via Video Conference) In re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Matigara Police Station Case No. 870 of 2020 dated 19.08.2020 (G.R. Case No. 3925 of 2020) under Sections 448/323/326/354/34 of the Indian Penal Code 1860 and section 3/4 of the Explosive Substance Act.

AN/Suman Sl.32 In the matter of : Shyamal Barman alias Roy .......petitioners Ms. Madhusri Dutta Majumdar ..for the petitioners.

Mr. Niloy Chakraborty Mr. Aniruddha Biswas .. for the State The learned counsel appearing on behalf of the petitioner submits that there was a dispute between the petitioner and the defacto complainant in respect of the land.

It is further contended that the petitioner is the owner of the land, therefore, the petitioner should be granted anticipatory bail.

The learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and produces the memo of evident and draws the attention of the court to the injury report.

Considering the submissions as advanced by the learned advocates for the parties and after perusing the case diary and the nature of injury, in our considered view, the custodial interrogation of the petitioner is not required accordingly.

Accordingly, we allow the prayer for anticipatory bail.

In the event of arrest, the petitioners shall be released on bail upon furnishing bond of Rs. 10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, to the satisfaction of the ACJM, Siliguri of the case.

The application for anticipatory bail being C.R.M. 9672 of 2020 is disposed of.

(Samapti Chatterjee, J. ) (Kausik Chanda, J.)