Biren Das v. The State Of West Bengal

31.01.2023 mb Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (A) 661 of 2022 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 04.11.2022 in connection with Kumargram Police Station Case No. 283 of 2022 dated 18.09.2022 under Sections 354/506 of the Indian Penal Code.

In the matter of : Biren Das ... Petitioner Ms. Pratusha Dutta Chowdhury ...for the Petitioner Mr. Ujjwal Luksom .....for the State.

Heard learned counsel for the parties.

Since the principal allegation against the petitioner relates to Section 354 clubbed with Section 506 of the Indian Penal Code, keeping in view the less gravity of the offence and surrounding circumstances, we are inclined to grant anticipatory bail to the petitioner.

Accordingly, CRM (A) 661 of 2022 is allowed, thereby granting anticipatory bail to the petitioner on condition that the petitioner shall comply with the conditions as stipulated in Section 438(2) of the Code of Criminal Procedure. In the event of arrest, the petitioner, namely, Biren Das, shall be released on bail upon furnishing a bond of Rs.10,000 (Rupees Ten Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction

of the learned Additional Chief Judicial Magistrate, Alipurduar and on further condition that the petitioner shall cooperate with the investigation and make himself available in the event so required to be present by the Investigating Officer.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)