Manik Banik v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 29.09.2022. C.R.M. (A) 575 of 2022 01.

as Ct.No.28.

(Allowed) In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Pradhannagar P. S. Case No.647 of 2022 dated 21.08.2022 under Sections 447/326/506/427 of the Indian Penal Code. In the matter of : Sri Manik Banik.

.... Petitioner.

Mr. H. Saha Podder.

...for the Petitioner.

Mr. Aditi Shankar Chakraborty, ld. A.P.P., Mr. Ujjwal Luksom.

...for the State.

Learned Advocate for the petitioner submits there was a monetary transaction between the parties. Out of grudge he has been falsely implicated in the instant case. Learned Advocate for the State opposes the prayer for anticipatory bail.

We have considered the materials on record including the medical report. Medical report discloses a slight injury. Possibility of false implication cannot be ruled out due to prior enmity.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, 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 and on further condition that the

petitioner shall appear before the trial court and pray for regular bail within a period of four weeks from date. This application for anticipatory bail is, thus, disposed of.

(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)