Calcutta High Court (Appellete Side)
Utpal Ganguly vs Unknown on 20 September, 2019
1 20.09.2019
.
132. as (Allowed).
C.R.M. 8940 of 2019 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 17.09.2019 in connection with Murarai P. S. Case No.144 of 2019 dated 01.09.2019 under Sections 448/323/324/326/307/354/506 of the Indian Penal Code.
In the matter of : Utpal Ganguly.
... Petitioner.
Ms. Minoti Gomes.
...for the Petitioner.
Mr. Navanil De.
.....for the State.
Heard the learned Advocates appearing for the parties. It is submitted on behalf of the petitioner that there is family dispute and civil suits are pending by and between the parties. It is also submitted that he has been falsely implicated in the instant case.
Learned Advocate appearing for the State 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 relating to family dispute for ancestral property, we are of the opinion that the petitioner may be granted anticipatory bail, however, subject to strict conditions. 2 Accordingly, we direct that in the event of arrest the petitioner viz., Utpal Ganguly 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 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioner while on bail shall not enter the jurisdiction of Murarai Police Station except for the purposes of investigation and attending court proceeding and shall provide the address where he shall reside to the Investigating Officer as well as the court below and report to the Officer-in-charge of the concerned Police Station within whose jurisdiction he shall reside once in a week until further orders and on further condition that the petitioner shall appear before the trial court and pray for regular bail within four weeks from date.
This application for anticipatory bail is, thus, disposed of. (Jay Sengupta,J.) (Joymalya Bagchi, J.) 3