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Calcutta High CourtCRM(A)/41/2023allowed

Abhishekh Routh @ Kancha v. State Of West Bengal

2023-02-09Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Rai Chattopadhyay2 pages

D/L 187 February 9, 2023 MNS Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRM (A) 41 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 06.01.2023 in connection with Siliguri Police Station Case No. 927 of 2022 dated 10.10.2022 for the alleged offence under Section 341, 323, 326, 307, 506 and 34 of the Indian Penal Code, 1860.

And In the matter of: Abhishekh Routh @ Kancha .... petitioner Mr. Jaydeep Kanta Bhowmik, Mr. Sayantan Bhowmik ... for the petitioner Mr. A. S. Chakraborty, Mr. Tapan Bhattacharjee ... for the State Learned counsel for the petitioner submits that other coaccused persons standing on similar footing as of the petitioner were granted bail. That apart, the nature of the injury is simple as per the medical report.

Learned counsel for the State opposes the prayer for anticipatory bail of the petitioner.

However, keeping in view of the circumstances as highlighted above, we are inclined to grant anticipatory bail to the petitioner. Accordingly, CRM (A) 41 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 a 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, Siliguri. The petitioner shall not leave the territorial jurisdiction of the concerned police station during the entire period of investigation and shall meet the Investigating Officer as and when required.

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