Calcutta High Court (Appellete Side)
Smt. Chinta Paul Alias Chintamoni Paul vs Unknown on 4 May, 2016
Author: Patherya
Bench: Patherya
1 04.05.201663
Allowed md.
CRM No. 2234 of 2016 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure affirmed on 17.3.2016 in connection with Arambagh Police Station Case No. 228 of 2016 dated 10.03.2016 under Sections 447/323/325/354/506 and 34 of the Indian Penal Code.
And In the matter of:- Smt. Chinta Paul alias Chintamoni Paul And another ...... Petitioners Mrs. Somsubhra Ganguly ... for the petitioners Mr. Goutam Wilson ... for the State The petitioners, apprehending arrest in connection with Arambagh Police Station Case No. 228 of 2016 dated 10.03.2016 under Sections 447/323/325/354/506 and 34 of the Indian Penal Code, have filed this application under Section 438 of the Code of Criminal Procedure.
Defence counsel submits that a boundary dispute arose between the de facto complainant and the petitioners, which resulted in altercation and assault. Both parties suffered injuries. Arambagh 2 P.S. Case No. 13 of 2016 dated 10th March, 2016 was filed by the petitioner no.1 against the de facto complainant and his men. The complaint of the de facto complainant is a counterblast to the complaint filed by the petitioner no.1. The petitioners are in no involved in the offence alleged. They have been falsely implicated. The incident was also diarized on 10th March, 2016 at 20.30 hours being General Diary Entry No.137. The petitioner no.1 also sustained injuries and was treated at Arambagh S.D. Hospital as emergency patient. The petitioners are involved in the offence alleged and they have been falsely implicated.
Counsel for the State produces the Case Diary and takes us to the statements of the witnesses recorded under Section 161 Cr.PC. at pages 5 and 6 of the Case Diary. No injury report can be found in the Case Diary. No seizure list also finds mention in the Case Diary.
Having considered the submissions of the parties and on scrutiny of the Case Diary, sufficient material exists to warrant grant of anticipatory bail to the petitioners herein.
Accordingly, the petitioners, namely, Smt. Chinta Paul alias Chintamoni Paul and Sri Alok Paul alias Alok Nath Paul, in the event of their arrest, be released on bail upon furnishing bond of Rs.5,000/- each, with two sureties of Rs.2,500/- each to the 3 satisfaction of the arresting authority and subject to the conditions imposed under Section 438 (2) Cr.PC.
The prayer for anticipatory bail is, thus, allowed and the application is disposed of.
Certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.
(Patherya, J.) (Debi Prosad Dey J.)