Calcutta High Court (Appellete Side)
Magistrate vs In Re : Arup Mandal on 25 April, 2024
Author: Debangsu Basak
Bench: Debangsu Basak
25.04.2024 19 Ct. No. 29 S.D. Allowed C.R.M.(A) 1461 of 2024 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Neturia Police Station Case No. 62 of 2023 dated 06.08.2023 under Sections 376/354C/448/506/34 of the Indian Penal Code pending before the learned Additional Chief Judicial Magistrate, Raghunathpur.
And In Re : Arup Mandal ...... petitioner Mr. Debanshu Ghorai Mr. Abhinaba Mukherjee ...for the petitioner Mr. Atif Ahmed Siddiqui ...for the State Mr. Swapan Kumar Mallick Ms. Sudeshna Das ..for the defacto complainant Petitioner, State and the defacto complainant are represented.
The police complaint is amongst the family members.
There are pre-existing property disputes amongst the family members. There is an issue of delay in lodging the First Information Report.
Statements recorded under Section 164 of the Cr.P.C. at this stage remain largely uncorroborated.
Consequently, we 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 Signed By :
Surojit Das High Court of Calcutta 25 th of April 2024 05:14:53 AM 2 conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973. The petitioner will report before the Investigating Officer once a fortnight till the conclusion of the investigation. The petitioner shall appear on every date before the Jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.
This application for anticipatory bail is, thus, allowed.
(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.) Signed By :
Surojit Das High Court of Calcutta 25 th of April 2024 05:14:53 AM