Prasenjit Adhikary And ORS v. State Of West Bengal

19.05.2021 SL No.9 Court No.28 (gc) CRM 10965 of 2020 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Hanskhali Police Station Case No.514/2020 dated 07.10.2020 under Sections 341/323/307/506/34 of the Indian Penal Code. And In the matter of : Prasenjit Adhikary & Ors.

- Petitioners Mr. Kaustuv Shome, ... For the Petitioners.

Mr. S.G. Mukherjee, Ld.P.P., Mr. Arijit Ganguly, Mr. Anik Ghatak, ... For the State.

It is submitted on behalf of the petitioners that the matter has been amicably settled between the parties and their detention for the purpose of custodial interrogation is not required. The State produces the case diary and opposes the prayer for anticipatory bail. It is submitted on behalf of the State that the petitioners severely assaulted two persons who protested against the misconduct of petitioner No.1.

We have considered the materials on record. Injuries sustained by the victims are not serious or life threatening. Considering the nature of offence, we are inclined to hold that the custodial interrogation of the petitioners is not required and the petitioners may be granted anticipatory bail. Accordingly, the prayer for anticipatory bail is allowed.

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

It is also directed that the petitioners shall meet the Investigating Officer of the case once in a week until further orders and shall cooperate with the investigation.

The application for anticipatory bail, being CRM No.10965 of 2020 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Suvra Ghosh, J.) (Soumen Sen, J.)