Pradip Barman And ORS v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT 01.05.2024 AT JALPAIGURI Court No.01 Item No. 55 Allowed sg CRM (A) 390 of 2024 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Mekhliganj Police Station Case No. 329 of 2023 dated 02.10.2023 under Sections 447/341/325/326/307/354/34 of the Indian Penal Code.

And In Re: Pradip Barman & Ors.

Petitioners Mr. Biswarup Ray Ms. Supriya Debnath For the Petitioner Mr. Ujjwal Luksom Ms. Sukanya Adhikary For the State

1. We have the learned Counsel for the parties. The prayer for anticipatory bail has been opposed on behalf of the State.

2. On perusal of the injury reports of the two victims, we found that such injuries are not on the vital parts of the body. Investigation is stated to have been completed in the meantime.

3. Having regard to the facts and circumstances of the present case and considering the fact that the investigation has been completed, we are inclined to grant anticipatory bail to the present accused petitioners.

4. Accordingly, we direct that in the event of arrest, the petitioners, namely, (i) Pradip Barman, (ii) Chhilanu Barman and (iii) Upen Barman, shall be released on bail upon furnishing a bond of Rs.10,000/- each, with two registered sureties of like amount each, to the satisfaction of the learned

Additional Chief Judicial Magistrate, Mekhliganj in connection with G.R. Case No. 698 of 2023 subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that the present accused petitioner shall appear before the learned Trial Court within a fortnight from date and thereafter continue to appear on each date of substantive hearing subject to the provision of Section 317 of the Code of Criminal Procedure.

5. Accordingly, the prayer for anticipatory bail of the petitioner is allowed.

6. CRM (A) 390 of 2024 is, thus, disposed of.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Soumen Sen, J) (Partha Sarathi Sen, J)