Calcutta High Court (Appellete Side)
Indian Penal Code vs In Re on 26 July, 2018
1 26.7.2018 28 ALLOWED md.
CRM No. 5242 of 2018 In Re:- An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 24.07.2018 in connection with Diamond Harbour Police Station Case No. 217 dated 11/06/2018 under sections 341/325/308/354B/506/34 of the Indian Penal Code, 1860. ;
And In Re:-
Debnath Halder ... Petitioner Mr. Arvind Jaiswal, Advocate .. for the petitioner Mr. Arup Kr. Mondal, Advocate .. for the State Mr. Kushal Kr. Mukherjee, Advocate Ms. Suchismita Dutta, Advocate .. for the de facto complainant The petitioner is given leave to correct the cause title and indicate the appropriate case number therein. Such correction will be carried out by Advocate for the petitioner in the presence of an officer of Court.
The petitioner seeks anticipatory bail in connection with Diamond Harbour Police Station Case No. 217 dated 11/06/2018 under sections 341/325/ 308/354B/506/34 of the Indian Penal Code, 1860.1 2
The petitioner claims to have been falsely implicated in a criminal case as a consequence of the disputes between the petitioner and his brother.
The State is represented and produces the case diary. Considering the materials on record and the fact that it is an admitted position that there is a degree of animosity between the petitioner and the de facto complainant, it does not appear to be a fit case where the petitioner should be subjected to custodial interrogation.
Accordingly, in the event of arrest, the petitioner will be granted bail upon furnishing security 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 as laid down in 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 subject to the conditions as 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. ) 2