Calcutta High Court (Appellete Side)
Rajdeep Roy @ Akash vs Unknown on 24 December, 2019
1 93 24.12.2019
rkd Ct. No.28 C.R.M. 12367 of 2019
(Allowed)
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on 23/12/2019 in connection with Titagarh P.S. Case No. 760 of 2019 dated 25/11/2019 under Sections 341/323/325/326/506/307/34 of the Indian Penal Code.
And In the matter of: Rajdeep Roy @ Akash ....petitioner.
Ms. S. Chatterjee ...for the petitioner.
Mr. N. A. Chakraborty, Mr. A. Banerjee, Mr. D. Ghosh ...for the defacto complainant.
Mr. R. Nandy ...for the State.
It is submitted on behalf of the petitioner that he has been falsely implicated in the instant case.
Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail.
Learned counsel appearing on behalf of the defacto complainant also opposes the prayer for anticipatory bail and submits that he is a member of the legal profession and was forcibly assaulted.
We have considered the materials on record. We find injuries appearing from the medical papers are not grievous. Accordingly, we are of the opinion though custodial interrogation of the petitioner may not be necessary, his movement requires to be restricted in order to prevent commission of similar offences in future.
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 conditions as laid down under Section 2 438(2) of the Code of Criminal Procedure, 1973 and on further condition that he shall not enter the jurisdiction of Titagarh P.S. while on bail until further orders except for attending the court proceeding and/or investigation and he shall provide the address where he shall reside while on bail to the investigating officer as well as the court below and shall meet the Officer-in-charge of concerned Police Station where he shall reside once in a week until further orders and on condition that he shall appear before the court below and pray for regular bail within four weeks from date.
The application for anticipatory bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)