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Calcutta High Court (Appellete Side)

Raju Dafadar & Anr vs Unknown on 3 January, 2023

Author: Debangsu Basak

Bench: Debangsu Basak

37 03.01.2023 C.R.M. (A) 6095 of 2022 (AD) Court No.29 In Re: - An application for anticipatory bail under Section 438 of (Allowed) the Code of Criminal Procedure in connection with Dhubulia P.S. Case No.438 of 2022 dated 12/11/2022 under Sections 447/325/326/354B/34 of the Indian Penal Code.

And In the matter of: Raju Dafadar & Anr.

....petitioners.

Mr. A. Sarkar Mr. Raja Biswas ...for the petitioners.

Mr. Md. Anwar Hossain Ms. Sreyashee Biswas ...for the State.

Petitioners pray for anticipatory bail. There are two statements recorded under Section 164 of the Code of Criminal Procedure.

There are two injury reports of the two persons suffering injuries.

The injuries apparently are simple in nature. There is a statement of the doctor recorded under Section 161 of the Code of Criminal Procedure.

Considering such materials in the case diary, we grant anticipatory bail to the petitioners.

Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner no.1 will report before the 2 Investigating Officer once a month till the conclusion of the investigation and petitioner no. 2 will cooperate with the investigation till the conclusion of the investigation and on condition that the petitioners shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including cancelling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners is allowed.

C.R.M. (A) 6095 of 2022 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)