Calcutta High Court (Appellete Side)
(Allowed) vs State Of West Bengal on 5 September, 2018
1 15 05.09.2018
C.R.M. 7018 of 2018 sg Ct. No.34 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure.
Jagadish Mistri @ Mistry
(Allowed) Versus
State of West Bengal
Mr. Mazahar Hossain Chowdhury, Adv.
...for the petitioner.
Ms. Sreyashee Biswas, Adv.
...for the State.
The petitioner seeks anticipatory bail in connection with Ashoknagar Police Station Case No. 552 of 2018 dated 22.08.2018 under Sections 341/323/325/308/307/382/34 of the Indian Penal Code.
The petitioner claims that following a family dispute with the de-facto complainant and his associates, the present complaint has been lodged.
The State says that since the matter is at a nascent stage, relevant statements have not yet been obtained. The State produces the injury reports.
Considering the nature of incident and the extent of the injuries, there does not appear to be any need to take the petitioner into custody, particularly since the petitioner has already been identified.
Accordingly, in the event of arrest, the petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of Rs.5,000/- (Rupees Five Thousand Only) each, one of whom must be local, to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973. In addition, the petitioner will also report to the Investigating Officer at such time and place as may be specified by the concerned police officer.
The petition for anticipatory bail is allowed on the conditions indicated above.
A certified copy of this order be immediately made available to the petitioners, subject to compliance with all requisite formalities. (Abhijit Gangopadhyay, J.) (Sanjib Banerjee, J.)