Basudev Paul v. State Of West Bengal

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE 09.10.2023. C.R.M.(A) 852 of 2023 95/pm In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 20.09.2023 in connection with Bagdogra P.S case no. 232 of 2023 dated 1st June, 2023 (G.R. Case No. 1947 of 2023) under sections 447/379/34 of the Indian Penal Code.

Allowed In Re : Basudev Paul ...... petitioner Mr. Rohan Ojha, Mr. Surojit Saha, Mr. R. Rai, Mr. Sayantan Das, Ms. Esha Acharya ...... for the petitioner Mr. Ujjal Luksom, Mr. Kallol Nag, ...... for the State Learned advocate for the petitioner submits that the following a dispute cropped up in between the petitioner and the defacto complainant regarding one tea garden, the petitioner has been implicated in this case falsely. He submits that notice under Section 41A of the Code was issued to the petitioner and the petitioner has complied with the instructions contained in that notice. Learned advocate for the State opposes the prayer for anticipatory bail.

Heard learned advocates appearing for the respective parties. Perused the Case Diary and other materials on record. On such hearing and on perusal of the records and considering the facts and circumstances of this case, we are of

the view that custodial interrogation of the present petitioner is not required and the benefit under Section 438 of the Code can be extended to the petitioner.

In the event of arrest, the petitioner may find bail upon furnishing a bond of Rs. 5,000/- (Rupees five thousand), with two sureties of like amount subject to the conditions that the petitioner shall meet the Investigating Officer once in a fortnight until further order of this Court. The petitioner will also abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

CRM (A) 852 of 2023 is disposed of.

(Partha Sarathi Chatterjee,J.) (Md. Nizamuddin, J.)