Gautam Pasman v. State Of West Bengal

14.02.2020 Sl. No.15 akd [ALLOWED] C. R. M. 1319 of 2020 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 05.02.2020 in connection with Alipurduar Police Station Case No. 176 of 2019 dated 08.05.2019 under Sections 302/201 of the Indian Penal Code. And In Re: Gautam Pasman ... ... Petitioner Mr. Pravas Bhattacharya .. Advocate ... ... for the petitioner Mr. Swapan Banerjee .. Advocate Mrs. Purnima Ghosh .. Advocate ... ... for the State Pursuant to our earlier direction, Investigating Officer is personally present before this court along with the report. His presence is noted and dispensed with. It appears from the report that co-accused persons disclose involvement of the petitioner.

In view of the flimsy materials on record connecting the petitioner with the alleged crime and as investigation is complete, we are of the opinion that custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail. Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Gautam Pasman, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. Petitioner shall appear before the court below

and hand over his passport, if any, within four weeks from date. In the event he does not have a passport, he shall personally appear before the court below and furnish an affidavit to that effect within the time frame mentioned hereinabove. The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)