Amulya Roy v. The State Of West Bengal

17.12.2021 SL No.07 Court No.1 AJ/SM Circuit Bench of Calcutta High Court At Jalpaiguri CRM 1021 of 2021 (Via video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed in connection with Kotwali Police Station Case No.470 of 2019 dated 07.08.2019 under Sections 448/376/511/326/34 of the Indian Penal Code, 1860. And In the matter of : Amulya Roy.

... .petitioner.

Mr. Sudip Guha.

... For the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. A.P.P., Mr. Biswarup Roy.

... For the State.

The learned Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated. The learned Counsel for the State, however, opposes the prayer for anticipatory bail.

Having considered the materials available on record and the bearing in mind the nature of involvement of the petitioner in the commission of alleged offence and also having considered the fact that the charge-sheet has already been filed, we are of the view that the custodial interrogation of the petitioner is not necessary. As such, the prayer for anticipatory bail of the petitioner is allowed.

Accordingly, we direct that in the event of arrest the petitioner shall be released on anticipatory 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.

The application for anticipatory bail, being CRM No.1021 of 2021 is, thus, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Biswajit Basu, J.) (Soumen Sen, J.)