Calcutta High Court (Appellete Side)
Chinmoy Panda vs Unknown on 9 November, 2017
1 201 09.11.20171 Aloke Court 28 C.R.M. 10356 of 2017 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 10.10.2017 in connection with Contai P.S. Case No. 167/17 dated 04.06.2017 under Sections 380 of the Indian Penal Code.
And In the matter of : Chinmoy Panda ...Petitioner Mr. Bitasok Banerjee ... for the Petitioner Mr. Arun Kr. Maity Ms. Zareen N. Khan ... for the State allowed It is submitted on behalf of the petitioner that there is a family dispute by and between the parties and notice under Section 41A Cr.P.C. had been issued in the course of investigation.
Learned counsel appearing for the State opposes the prayer for bail.
We have considered the materials in the case diary and in view of the nature of allegations in the light of the aforesaid submissions made on behalf of the petitioner, we are of the opinion that custodial interrogation of the petitioner is not necessary in the facts of the case.
Accordingly, we direct that in the event of arrest, the 2 petitioner shall be released on bail upon furnishing bond of Rs.5,000/-(Rupees Five Thousand only) with two sureties of like amount, 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.
The application for anticipatory bail is, accordingly, allowed.
Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.
(Rajarshi Bharadwaj, J.) (Joymalya Bagchi, J.)