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Calcutta High CourtCRM/10690/2020allowed

Niladri Sekhar Biswas @Niladri Biswas And ANR v. State Of West Bengal

2021-01-11Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Tirthankar Ghosh2 pages

11.01.2021 Item no.89 Court No.28 Avijit Mitra C.R.M. 10690 of 2020 (via video conferencing) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re : Niladri Sekhar Biswas @ Niladri Biswas & Ors.

.... petitioners Ms. Minoti Gomes, Mr. Partha Sarathi Das ....for the petitioners Ms. Baisali Basu ...... for the State Apprehending arrest in connection with Taherpur Police Station Case No.06 of 2018 dated 12.01.2018 under Sections 448/504/323/326/307/354/34 of the Indian Penal Code the present application has been preferred.

Ms. Gomes, learned advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the criminal proceedings and there is a subsisting civil dispute between the parties.

Ms. Basu, learned advocate appearing for the State denies and disputes the contention of the petitioners. Upon considering the materials in the case diary, the gravity of the offences and the injury report, we are of the opinion that custodial interrogation of the petitioners is not necessary.

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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The application for anticipatory bail being C.R.M. 10690 of 2020 is disposed of.

(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)