Calcutta High CourtCRM(A)/889/2024allowed

Balaram Rokha Chhetri @ Balaram Rakha Chhetri v. State Of West Bengal

2024-11-25Hon'Ble Justice Shampa Sarkar,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

25.11.2024 Sl No.127 srm/Mujahid (Allowed) Calcutta High Court In The Circuit Bench at Jalpaiguri CRM(A) 889 of 2024 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure/Section 482 of the B.N.S.S. filed on 04.11.2024 in connection with Bhaktinagar Police Station Case No.

697/2024 dated 01.08.2024 under Sections 420/465/467/468/471/34 of the Indian Penal Code. And In the matter of : Balaram Rokha Chhetri @ Balaram Rakha Chhetri ... Petitioner.

Mr. Shuvankar Datta, Mr. Somdutta Patra, Mr. Soumyadeep Paul ... for the petitioner.

Mr. Sourav Ganguly, Mr. Chattu Roy ... ... for the State.

Learned Advocate for the petitioner submits that the petitioner is situated in a similar footing as Rajan Sharma and Subhas Ghorai, who have been granted anticipatory bail by Coordinate Benches of this Court. A prayer is made on behalf of the petitioner for grant of pre-arrest bail.

Learned Advocate for the State is present. It is submitted that the petitioner created some forged document and got his name entered into L.R. record of rights.

Considering that two other co-accused have already been granted relief under Section 438 of the Code of Criminal Procedure, 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of B.N.S.S. The petitioner shall meet the investigating officer once a month till the investigation is completed and on further condition that the petitioner shall appear before the jurisdictional court on each day on and from the date fixed for appearance after completion of investigation.

In case the petitioner fails to adhere to any of the conditions mentioned in Section 438(2) of the Code of Criminal Procedure, 1973 correspondent to Section 482(2) of B.N.S.S., the learned jurisdictional court shall be entitled to cancel the bail without further reference to this court.

The application for anticipatory bail is, thus, disposed of. All parties shall act on the basis of the server copy of the order downloaded from the official website of this Court. (Partha Sarathi Chatterjee J.) (Shampa Sarkar, J.)