Calcutta High Court (Appellete Side)
Benefits & Services) Act And Sections ... vs In Re: Dulal Kumbhakar on 26 June, 2019
1 26.06.19
Sl. No.80 akd [ALLOWED] C. R. M. 5056 of 2019 In Re: An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.06.2019 in connection with Manbazar Police Station Case No. 47 of 2018 dated 07.09.2018 under Sections 419/420/468 of the Indian Penal Code and under Sections 34/35/42 of the AADHAR (Targeted Delivery of Financials & Other Subsidies Benefits & Services) Act and Sections 66C/66D of the Information Technology Act.
And In Re: Dulal Kumbhakar ... ... Petitioner Mr. Sataroop Purukayastha .. Advocate Mr. Hamidur Rahaman .. Advocate ... ... for the petitioner Mr. Saibal Bapuli .. Ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya .. Advocate ... ... for the State Heard the learned advocate appearing for both the parties. It is submitted on behalf of the petitioner that inadvertently incorrect biometric data had been uploaded in the Aadhaar records of the petitioner and his brother. It is further submitted that subsequently such error has been corrected.
Learned advocate for the State produces the case diary and opposes the prayer for anticipatory bail.
Having considered the materials on record and bearing in mind the nature of allegations in the light of the aforesaid submission made on behalf of the petitioner and in view of the subsequent correction in the Aadhaar records, we are of the opinion that custodial interrogation of the accused/petitioner may not be necessary in the facts of the present case and he may be granted anticipatory bail. 2
Accordingly, we direct that in the event of arrest, the accused/petitioner, namely Dulal Kumbhakar, be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten thousand only), 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 further condition that he shall appear before the court below and pray for regular bail within a fortnight from date.
The application for anticipatory bail is, thus, disposed of.
(Manojit Mandal, J.) (Joymalya Bagchi, J.)