Amir Mangar v. The State Of West Bengal

CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI 04.01.2023 Court No.1 (SKB 60) CRM(A) 673 OF 2022 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with Birpara Police Station Case No.122 of 2020 dated 03.09.2020 under Sections 302/120B/34 of the Indian Penal Code.

And In the matter of: Amir Mangar . .. . . . . .Petitioner.

Mr. Tapabrata Ghosh, Mr. Sudip Guha ... For the Petitioner.

Mr. Nilay Chakraborty, Ms. Namrata Das ... For the State.

Heard learned advocate for the petitioner and learned advocate appearing for the State who opposes the prayer for anticipatory bail. Since investigation of the case is over and there is no requirement for custodial interrogation of the accused/petitioner, we are inclined to extend the protection of Section 438 of the Cr.P.C. on condition that he will not interfere with the witnesses or cause any impediment in progress of trial and on further condition as laid down in Section 438(2) of the Cr.P.C. We accordingly 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) with two sureties of like amount to the satisfaction of the Arresting Officer.

The application for anticipatory bail being CRM(A) 673 of 2022 is allowed and disposed of in terms of the above. (SIDDHARTHA ROY CHOWDHURY, J.) (MOUSHUMI BHATTACHARYA, J.)