Calcutta High Court (Appellete Side)
Sections 323/325/447/307/427 Of The ... vs In Re: Abhijit Das on 12 February, 2020
1 12.02.202099
sdas allowed C.R.M. No. 1586 of 2020 In Re.: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 11.02.2020 in connection with Singur Police Station Case No. 373 of 2019 dated 08.12.2019 under Sections 323/325/447/307/427 of the Indian Penal Code.
And
In Re: Abhijit Das ......... petitioner
Mr. Arunava Ganguly
...for the petitioner
Ms. Faria Hossain
Ms. Baisali Basu
.... for the State
It is submitted by the learned Counsel appearing for the petitioner that the incident occurred in the course of cultivation.
Learned Counsel appearing for the State opposes the prayer for anticipatory bail and submits that the accused person tried to strangulate the victim with the rope.
We have considered the materials on record. No mark of injury is seen on the neck of the victim as per medical papers. Under such circumstances, we are inclined to grant anticipatory bail to the petitioner.
Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on condition that the petitioner 2 shall appear before the investigating officer and hand over his passport, if any, within two weeks from date. In the event he does not have passport, he shall personally appear before the investigating officer and furnish affidavit to that effect within the time frame mentioned hereinabove.
This application for anticipatory bail is, thus, allowed.
(Suvra Ghosh, J.) (Joymalya Bagchi, J.)