Shamik Chowdhury@Bappa Chowdhury v. State Of West Bengal

19.03.2021 ns Court C.R.M. 11217 of 2020 No.4 Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Chinsurah Police Station Case No. 283 of 2019 dated 04.09.2019 under section 417/418/420/406/120B/506 of the Indian Penal Code. In re : Shamik Chowdhury @ Bappa Chowdhury ... Petitioner.

Mr. Soubhik Mitter, Ms. Rajnandini Das ... for Petitioner.

Mr. Binay Panda, Mr. Subham Bhakat ... for State.

Mr. Priyanjit Kundu ... for defacto complainant. The present application under Section 438 of the Code of Criminal Procedure, 1973 filed at the instance of Shamik Chowdhury @ Bappa Chowdhury is taken up for hearing and order. It is submitted on behalf of the petitioner that the petitioner was an alleged witness to the incident and had no involvement therein. The matter has also been amicably settled. The State refers to the case diary and opposes the prayer for anticipatory bail.

Learned Advocate for the defacto complainant submits that the matter has been amicably settled.

Considering the materials available in the case diary, we are inclined to hold that the custodial interrogation of the petitioner is not required and he may be granted anticipatory bail. Accordingly, we direct that in event of arrest the

petitioner shall be released on anticipatory bail upon furnishing bond of Rs.10,000/- (Rupees Ten Thousand) only with two sureties of like amount to the satisfaction of the arresting officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973.

The application for anticipatory bail is, accordingly, allowed.

C.R.M. 11217 of 2020 is disposed of.

( Arindam Sinha, J. ) ( Suvra Ghosh, J. )