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Calcutta High Court (Appellete Side)

An Application For Anticipatory Bail ... vs Pintu Das & Ors on 12 September, 2014

Author: Subrata Talukdar

Bench: Subrata Talukdar

1 Sl. September C.R.M. 10815 of 2014

60. 12, 2014 In the matter of : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on August 22, 2014 in connection with Durgachak Police Station Case No. 97 of 2014 dated June 6, 2014 under Sections 147/148/395/397/427 of the Indian Penal Code read with Sections 25/27 of the Arms Act and Section 9B of the Indian Explosives Act;

And In the matter of : Pintu Das & ors. ...petitioners.


                                                     Versus

                                           State of West Bengal                           ...opposite party.

                                           Mr. Rana Mukhopadhyay,
                                           Mr. Saibal Mondal,
                                           Mr. S. C. Baksi,
                                                  ...for the petitioners.

                                           Mr. Saibal Bapuli,
                                           Mr. Arijit Ganguly,
                                                 ...for the State.

We have heard the learned advocates appearing for the parties and perused the case diary.

Having considered the materials in the case diary and bearing in mind that the injury sustained by the victim is simple in nature as transpiring from the medical papers, we are of the view that custodial interrogation of the petitioners is not necessary. There is, also, no chance of abscondence of the petitioners. We are, therefore, inclined in granting anticipatory bail to the petitioners.

We, as such, direct that in the event of arrest of the petitioners, namely, Pintu Das, Saddam Khan and Sk. Amir, they shall be released on bail upon furnishing a bond of Rs. 5,000/- (Rupees five thousand) only each with two sureties of like amount - one of whom must 2 be local - to the satisfaction of the arresting officer, subject to the conditions as laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure and on further condition that the petitioners shall not enter into the territorial jurisdiction of Durgachak police station except for meeting the investigating agency as and when called for the purpose of investigation till completion of investigation and shall intimate the officer in-charge of the said police station the address, where he would be residing while on bail.

The application for anticipatory bail is, thus, allowed.

dns                                                                 ( Subhro Kamal Mukherjee, J. )




                                                                     ( Subrata Talukdar, J. )