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Calcutta High Court (Appellete Side)

Utpal Das & Ors vs Unknown on 13 November, 2014

Author: Tapen Sen

Bench: Tapen Sen

                                                             1

3/11/2014
1.

A.J. CRM 14276 of 2014 In Re: An Application under Section 438 of the Code of Criminal Procedure filed on 25/9/2014 in connection with Kalyani P.S. Case No. 464 of 2014 dated 03.09.2014 under Sections 448/427/504/506/34 of the Indian Penal Code read with Sections 25/27 of the Arms Act and 3 & 4 of the Indian Explosive Act. In the matter of :- Utpal Das & Ors. ......Petitioners. Ms. Minoti Gomes.

....for the Petitioners.

Mr. Ranabir Roy Chowdhury.

...for the State.

Heard the learned Counsel for the parties.

It appears that this case is a counter-blast to an earlier case and the learned Counsel for the State has not been able to show us any injury nor any seizure list. He has stated that there is 'nil' seizure list. Under the circumstances, we are of the view that the petitioners, in the event of their arrest, may be granted the privilege of anticipatory bail.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bail bond of Rs.10,000/- (Rupees Ten thousand only) each with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer and also subject to the conditions laid down in the sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973.

The application for anticipatory bail stands allowed.

( Tapen Sen, J. ) ( Indrajit Chatterjee, J.)