Sujit Barman v. The State Of West Bengal

25.03.2021 BPG Calcutta High Court In The Circuit Bench at Jalpaiguri CRM 312 of 2021 (Via Video Conference) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Boxirhat Police Station Case No.03 of 2021 dated 13.01.2021 under Sections 341/326/34 of the Indian Penal Code, 1860.

And In the matter of: Sujit Barman .... Petitioner Mr. Hillol Saha Podder, Ms. Arpita Saha ... For the Petitioner Mr. Abhijit Sarkar, Ms. Namrata Das.

... For the State Upon a perusal of the injury report, it appears that the injury was simple in nature. That apart, learned counsel for the petitioner points out that there is discrepancy between the time of the incident as reported and as it transpires from the records. Learned counsel for the State opposes the prayer for anticipatory bail.

However, on going through the case diary, we are of the opinion that the petitioner ought to get the benefit of anticipatory bail. Accordingly, CRM 312 of 2021 is allowed, thereby granting anticipatory bail to the petitioner subject to the conditions that the petitioner shall meet the investigating officer once in a fortnight and shall not leave the jurisdiction of the concerned police station till the filing of the charge-sheet. The petitioner shall comply with all the

stipulations enumerated under Section 438(2) of the Code of Criminal Procedure. In the event the petitioner is arrested, the petitioner shall be released on bail subject to furnishing security of Rs.5,000/- with one local surety to the satisfaction of the arresting officer. (Sabyasachi Bhattacharyya, J.) (Kausik Chanda, J.)