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Calcutta High CourtCRM(A)/204/2024allowed

Dhaneswar Barman @ Dhaneshar Barman v. The State Of West Bengal

2024-04-01Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Biswaroop Chowdhury2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 01.04.2024 Court No.01 rpan/ 202 CRM (A) 204 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure;

And In Re: Dhaneswar Barman @ Dhaneshar Barman - Petitioner Mr. Sudip Guha ...for the Petitioner.

Mr. Kallol Acharjee, Mr. Kallol Nag ...for the State.

Apprehending arrest in connection with Boxirhat Police Station Case No.443 of 2021 dated 11.12.2021 under Sections 147/148/149/325/326/307/506/34 of the Indian Penal Code, the present application has been preferred.

Having heard the learned advocates appearing for the respective parties and considering the materials on record in the light of the arguments as advanced and taking note of the fact that out of 26 accused persons, 25 persons had been granted anticipatory bail, we are of the opinion that custodial interrogation of the petitioner may not be necessary, moreso when upon completion of investigation chargesheet has been submitted. Accordingly, we direct that in the event of arrest the petitioner, namely, Dhaneswar Barman @ Dhaneshar Barman 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 arresting officer and subject to the

conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

It is further directed that the petitioner shall not intimidate the witnesses and/or tamper with the evidence in any manner whatsoever.

The application for anticipatory bail, being CRM (A) 204 of 2024, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Biswaroop Chowdhury, J.) (Tapabrata Chakraborty, J.)