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Calcutta High Court (Appellete Side)

An Application For Anticipatory Bail ... vs In Re : Sufal Naskar & Anr. - on 24 April, 2015

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

                                                             1

  351.
24-04-15

gn.

CRM No. 3606 of 2015 In the matter of an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 16.04.2014 in connection with Bishnupur P.S. Case No. 306/2014 dated 25.03.2014 under Sections 323/325/304/506 IPC.

                                         And

           In Re : Sufal Naskar & Anr. - petitioners
                  Ms. Minoti Gomes
                  Mr. Habibur Rahaman ... for the petitioners

                  Mr. Sunirmal Nag       ... for the State


Heard the learned Counsel appearing on behalf of the parties. Perused the case diary.

The petitioners, apprehending arrest in connection with Bishnupur P.S. Case No. 306/2014 dated 25.03.2014 under Sections 323/325/304/506 IPC, have approached this court for anticipatory bail.

Admittedly, on November 23, 2013, the victim was allegedly assaulted by the present petitioners with fists and blows. Thereafter, he died on November 29, 2013 after about a week. It is also an admitted position in the meantime, the victim followed his ordinary pursuit and joined office and participated in the regular activities.

We have gone through the post mortem report and also considered the nature of injuries found in the person.

Having regard to above facts and when no case is made out that the petitioners' custodial interrogation is necessary, the prayer for anticipatory bail is allowed.

In the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer upon furnishing a Bond of Rs. 5,000/- each on condition that after release, they shall surrender before the regular court within four weeks thereafter.

The application for anticipatory bail is, thus, disposed of. 2 (Ashim Kumar Roy, J.) (Malay Marut Banerjee, J.)