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Calcutta High CourtCRM(A)/648/2023allowed

Sudhir Singha And ANR v. The State Of West Bengal

2023-08-24Hon'Ble Justice Moushumi Bhattacharya,Hon'Ble Justice Prasenjit Biswas2 pages

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 24.08.2023 Court No.1 Item.58 (sg/ks) CRM(A) 648 OF 2023 In Re: An application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973 filed in connection with Matigara Police Station Case No.640 of 2023 dated 06.08.2023 under Sections 448/ 325/ 354/ 506/ 34 of the Indian Penal Code.

And In the matter of: Sudhir Singha & Anr.

. .. . . . . .Petitioners.

Mr. Arjun Chowdhury Ms. Pratusha Dutta Chowdhury Ms. Riya Agarwal For the Petitioners. Mr. Tapan Bhattacharjee Mr. Chattu Roy For the State.

1. From the submissions made on behalf of the parties and the material disclosed as also the nature of the injury inflicted on the de facto complainant, we are of the view that the custodial interrogation of the petitioners is not required. We also note that there are cases and counter-cases filed by the petitioners and the de facto complainants and the dispute appears to be a family dispute between the petitioners and the de facto complainants.

2. We accordingly direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each, with two sureties of like amount each, one of who must be local, to the satisfaction of the Arresting Officer and also comply with the conditions laid down under Section 438(2) of The

Code of Criminal Procedure, 1973. 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.

3. The application for anticipatory bail being CRM(A) 648 OF 2023 is allowed and disposed of in terms of the above. (PRASENJIT BISWAS,J.) (MOUSHUMI BHATTACHARYA,J.)