Calcutta High Court (Appellete Side)
Code. (G.R. Case No.1931 Of 2019) vs In Re: Suraj Paswan & Ors on 22 November, 2019
1 22.11.19
Sl. No.84 akd [ALLOWED] C. R. M. 10884 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 21.11.2019 in connection with Kulti Police Station Case No. 352 of 2019 dated 23.08.2019 under Sections 341/323/325/326/354B/506/34 of the Indian Penal Code. (G.R. Case No.1931 of 2019) And In Re: Suraj Paswan & Ors.
... ... Petitioners Mr. Apurba Kumar Datta .. Advocate ... ... for the petitioners Ms. Anasuya Sinha .. Advocate Mr. Pinak Kumar Mitra .. Advocate ... ... for the State Heard the learned advocate appearing for both the parties. It is submitted on behalf of the petitioners that they have been falsely implicated in the instant case.
Learned advocate appearing for the State produces the case diary and opposes the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioners and in view of the nature of injuries, we are of the opinion that custodial interrogation of the accused/petitioners may not be necessary in the facts of the present case and they may be granted anticipatory bail.
Accordingly, we direct that in the event of arrest, the accused/petitioners, namely (1) Suraj Paswan, (2) Anjoy Paswan, (3) Jaidev Paswan & (4) Bhola Paswan @ Sushant Kumar Paswan, be released on bail upon furnishing a bond of Rs.10,000/- 2 (Rupees Ten thousand only) each, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that they shall appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)