Bhiswadeb Sarkar v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 17.08.2023 Court No.1 Item. 45 (sg/cm) CRM(A) 591 OF 2023 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Sitalkuchi Police Station Case No. 107/2023 dated 15.04.2023 under Sections 341/325/326/34 of the Indian Penal Code.

And In the matter of: BHISWADEB SARKAR . .. . . . . .Petitioner.

Mr. Hillol Saha Poddar For the Petitioner.

Mr. Tapan Bhattacharjee Mr. Kallol Nag For the State.

1. Learned counsel appearing for the State objects to the prayer for anticipatory bail.

2. Upon considering the injury report of the victim, we do not find any reason to hold that the custodial interrogation of the petitioner is required.

3. The application for anticipatory bail is allowed subject to the petitioner complying with the conditions as framed below.

4. We accordingly direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, one of who must be local, to the satisfaction of the learned ACJM, Mathabhanga

and also comply with the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner shall report to the I.O., Sitalkuchi Police Station once every fortnight and not leave the concerned police station without leave of the ACJM, Mathabhanga The petitioners shall cooperate with the investigation and make themselves available for questioning to the Investigating Officer once in a fortnight until further orders. The petitioners shall also not intimidate any witnesses or tamper with any evidence in any manner whatsoever.

5. The application for anticipatory bail being CRM(A) 591 of 2023 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)