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Calcutta High CourtCRM(A)/570/2022allowed

Papai Talukdar v. State Of West Bengal

2022-09-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

26.09.2022 Serial no.3 Aloke

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM (A) 570 of 2022 In re : An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure in connection with Alipurduar Police Station Case No. 349 of 2021 dated 12.09.2021 under Sections 341/326/307/354/506 of the Indian Penal Code. -AndIn the matter of : Papai Talukdar ... ... Petitioner Mr. Abhimanyu Banerjee, Advocate Mr. Arnab Saha, Advocate Mr. Sudhindra Das, Advocate ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, ld. APP Mr. Ujjwal Luksom, Advocate Mr. Aniruddha Biswas, Advocate ... ...For the State Petitioner seeks anticipatory bail.

Learned Advocate appearing for the petitioner submits that the petitioner was falsely implicated. The son of the de facto complainant was involved in a narcotic case. The present police complaint is a counter blast to that.

Learned Advocate appearing for the State submits that the injury suffered by the victim is simple in nature. Considering the fact that the victim suffered simple injury and considering the materials in the case diary, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, we 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, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner shall meet the Investigating Officer once in a month till the conclusion of the investigation and on further

condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

Prayer for anticipatory bail of the petitioner is allowed. CRM (A) 570 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)