Calcutta High Court (Appellete Side)
447/323/354B/379/506/34/376/511 Of ... vs Allowed on 20 February, 2019
1 20.02.2019
tkm/ct 28 C.R.M. 2088 of 2019 sl no. 134
In Re : An application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on 19.2.2019 in connection with Bauria P.S case no. 11 of 2019 dated 30.1.2019 under sections 447/323/354B/379/506/34/376/511 of the Indian Penal Code And Allowed In Re : Uttam Das & Anr. ...... petitioners Mr. R. Mukhopadhyay ...... for the petitioners Mr. A. Banerjee ...... for the State Liberty is given to correct the cause title. It is submitted on behalf of the petitioners that there are case and counter case between themselves. Mother of the petitioners was assaulted and a criminal case has been registered against the family members of the de facto complainant over such incident.
Learned lawyer for the State opposes the prayer for anticipatory bail.
Having considered the materials in the case diary and bearing in mind the nature of allegations in the light of the aforesaid submissions made on behalf of the petitioners relating to existing enmity and that the allegation of attempt to rape is not supported by medical evidence, we are inclined to grant anticipatory bail to the petitioners.
Accordingly, we direct that in the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs. 2 10,000/- each with two sureties of like amount each, to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure, 1973 and on further condition that the petitioners shall appear before the court below and pray for regular bail within a fortnight from date and on further condition that the petitioners shall meet the investigating officer once in a week until further orders.
The application being CRM 2088 of 2019 is disposed of. (Manojit Mandal, J.) (Joymalya Bagchi, J.)