Pradip Kumar Adhikary @ Pradip Adhikary v. The State Of West Bengal
CIRCUIT BENCH OF CALCUTTA HIGH COURT 23.12.2021 AT JALPAIGURI Court No.01 Item No. 44 sg CRM 1278 of 2021 (Via Video Conference) In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure in connection with Sahebganj Police Station Case No. 568 of 2021 dated 24.11.2021 under Sections 363/366/342/376 of the Indian Penal Code.
And In Re: Pradip Kumar Adhikary @ Pradip Adhikary Petitioner Mr. Subhasish Misra Mr. Swarup Das For the Petitioner Mr. Ujjwal Luksom Ms. Namrata Das For the State The learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the instant case. The learned Counsel for the State, however, opposes the prayer for anticipatory bail and refers to the statements of the victim, de-facto complainant and the medical examination report.
Having considered the materials available in the case diary and bearing in mind the nature and extent of complicity of the petitioner in the commission of the alleged offence, we are of the view that custodial interrogation of the petitioner is not required.
Accordingly, we direct that in the event of arrest the petitioner, namely, Pradip Kumar Adhikary @ Pradip Adhikary, shall be released on 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 also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and the petitioner shall meet the Investigating Officer once in a week and shall not enter the jurisdiction of Sahebganj Police Station and shall disclose the present address to the Investigating Officer. The application for anticipatory bail of the petitioner is allowed. CRM 1278 of 2021 is accordingly, 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)