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Calcutta High Court (Appellete Side)

Papai Sarkar vs Unknown on 31 May, 2016

Author: Ashim Kumar Roy

Bench: Ashim Kumar Roy

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63. 31.05.2016 d.p./debajyoti CRM No.3976 of 2016 In the matter of : Papai Sarkar ........ Petitioner.

Re : An application under Section 438 of the Code of Criminal Procedure filed on 26th May, 2016 in connection with Chakdha Police Station Case No.318 of 2016 dated 20-05- 2016 under Sections 448/323/379/ 354/427/308/506/34 of the Indian Penal Code. Mr. Sekhar Barman ..... For the Petitioner.

Mr. Narayan Prasad Agarwala ..... For the State.

The petitioner, apprehending arrest in connection with Chakdha Police Station Case No.318 of 2016 dated 20- 05-2016 under Sections 448/323/379/354/427/ 308/506/ 34 of the Indian Penal Code, has approached this Court for anticipatory bail.

Admittedly, there is no injury report in the Case Diary. We have gone through the other materials collected during the investigation.

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Having regard to what transpires therefrom and the fact that the custodial interrogation of the petitioner is not necessary, the prayer of the petitioner for anticipatory bail is allowed.

Accordingly, we direct that in the event of arrest, petitioner shall be released on bail to the satisfaction of the Arresting Officer upon furnishing a bond of Rs.5,000/- (Rupees Five Thousand) and on further condition that within four weeks thereafter, the petitioner shall surrender before the regular Court.

This order is subject to the condition laid down in sub- section (2) of Section 438 of the Code of Criminal Procedure.

The application for anticipatory bail is, thus, disposed of.

( Ashim Kumar Roy, J. ) ( Ashis Kumar Chakraborty, J. )