Dhruba Barman @ Dhruba Kumar Barman v. The State Of West Bengal

AD-258 Ct No.01 Jalpaiguri 03.02.2023 TN Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 21 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 03.01.2023 in connection with Falakata Police Station Case No. 633 of 2022 dated 27.11.2022 under Sections 448/376/506/34 IPC, 1860, corresponding to GR Case No. 2639 of 2022.

And In the matter of: Dhruba Barman @ Dhruba Kumar Barman .... petitioner Mr. Sabir Ahmed, Mr. Hillol Saha Podder, Ms. Mousumi Das, Mr. Debjit Kundu ... for the petitioner Mr. Ujjwal Luksom, Ms. Namrata Das ... for the State On perusal of the materials in the case diary, support is found to have been given to the prosecution case, especially in the form of the victim's statement recorded under Section 164 of the Code of Criminal Procedure. However, excepting the same, there is no other clinching material available therein for which the petitioner's anticipatory bail prayer may be rejected at this time. Accordingly, we opine that the petitioner's prayer should be granted.

Accordingly, CRM (A) 21 of 2023 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall satisfy the stipulations in Section 438(2) of the Code of Criminal Procedure.

In the event of arrest, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Chief Judicial Magistrate, Alipurduar. The petitioner shall not leave the territorial jurisdiction of the concerned police station during the period of investigation and shall meet the Investigating Officer once a month during the entire period of investigation.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)