Calcutta High Court (Appellete Side)
448/376/511/427/506/34 Of The Indian ... vs In Re: Tambir on 18 January, 2021
CRM No.123 of 2021 18.01.21
(S.R.) In re: An application for anticipatory bail under Section 438 of the Sl.186 Code of Criminal Procedure filed in connection with Pukhuria Police Ct.28 Station Case No.72 of 2020 dated 15.02.2020 under Sections 448/376/511/427/506/34 of the Indian Penal Code;
And
In re: Tambir ... petitioner.
Ms. Sujata Das ... for the petitioner.
Mr. P.K. Dutta
Mr. Pradipta Kr. Ganguly ...for the State.
The learned advocate appearing for the petitioner submits that the complaint had been lodged 23 days after the alleged incident and the petitioner has been falsely implicated since there had been an earlier dispute between the parties. In view thereof, custodial detention of the petitioner is not warranted.
Mr. Dutta, learned advocate appearing for the State opposes the petitioner's prayer and draws our attention to the several documents in the case diary.
Having heard the learned advocates and considering the materials in the case diary, the nature of allegations and the extent of complicity of the petitioner in the alleged offence, we are of the opinion that custodial detention of the petitioner is not necessary.
Accordingly, we direct that in the event of arrest, the petitioner, namely, Tambir, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and a further condition that the petitioner shall meet the investigating officer once in a week on and from 25th January, 2021, until further orders.
Accordingly, the application for anticipatory bail being CRM No.123 of 2021 is allowed.
(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)